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Home My WebLink AboutContract 56133-PM1PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SEWER IM PROVEMTNS TO SERVE COWAN PLACE IPRC Record No. [IPRC21-0016] City Project No. [103219] FID No. [30114-0200431-103219-E07685] X File No. [26861] Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William Johnson, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth March 2022 Prepared By Texas Registered Engineering Firm F-928 Kimley-Horn No. 067806102 02/17/202202/17/202203/17/2022 CSC No. 56133-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 02/04/2018 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents Division 02 - Existing Conditions None Division 03 - Concrete None Division 26 – Electrical None Division 31 – Earthwork None Division 32 – Exterior Improvements None Division 33 – Utilities None Division 34 – Transportation None 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 6 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION 1 3305.0109 Trench Safety 33 05 10 LF 122 $1.00 $122.00 2 3311.0141 6" Water Pipe 33 11 10, 33 11 12 LF 122 $112.00 $13,664.00 3 3312.0001 Fire Hydrant 33 12 40 EA 1 $3,419.00 $3,419.00 4 3312.2203 2" Water Service 33 12 10 EA 1 $1,831.00 $1,831.00 5 3312.4106 12" x 6" Tapping Sleeve & Valve 33 12 25 EA 3 $4,904.00 $14,712.00 6 3312.2802 4" Water Meter and Vault 33 12 11 EA 1 $17,500.00 $17,500.00 7 3312.0002 Water Sampling Station 33 12 50 EA 1 $3,625.00 $3,625.00 8 $0.00 9 $0.00 This Bid is submitted by the entity named below: BIDDER:BY: Ramsey Contruction, Inc. 4329 Reeder Dr Carrollton, Tx 75010 TITLE: DATE: 100 Bidlist Item No.Description Specification Section No.Unit of Measure Bid Quantity Unit Price COWAN PLACE CITY PROJECT NO. 103219 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid Value UNIT I: WATER IMPROVEMENTS TOTAL UNIT I: WATER IMPROVEMENTS $54,873.00 David Hutchinson Project Manager Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. 1 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 3 $3,448.00 $10,344.00 2 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 87 $75.00 $6,525.00 3 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 40 $105.00 $4,200.00 4 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 210 $103.00 $21,630.00 5 3331.3313 8" Sewer Service, Reconnection 33 31 50 EA 1 $875.00 $875.00 6 3305.1103 20" Casing By Other Than Open Cut 33 05 22 LF 87 $556.00 $48,372.00 7 3305.0113 Trench Water Stops 33 05 15 EA 3 $250.00 $750.00 8 3305.0109 Trench Safety 33 05 10 LF 380 $1.00 $380.00 9 3301.0101 Manhole Vacuum Testing 33 01 30 EA 3 $250.00 $750.00 10 3301.0002 Post-CCTV Inspection 33 01 31 LF 337 $2.00 $674.00 11 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 10.1 $150.00 $1,515.00 12 $0.00 This Bid is submitted by the entity named below: BIDDER:BY: Ramsey Contruction, Inc. 4329 Reeder Dr Carrollton, Tx 75010 TITLE: DATE: 100 TOTAL UNIT II: SEWER IMPROVEMENTS $96,015.00 David Hutchinson Project Manager UNIT II: SEWER IMPROVEMENTS Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. 1 0241.1000 Remove Conc Pvmt 02 41 15 SY 542 $54.00 $29,268.00 2 3471.0001 Traffic Control 34 71 13 MO 1 $9,299.00 $9,299.00 3 3213.0203 8" Conc Pvmt HES 32 13 13 SY 542 $198.00 $107,316.00 4 3291.0100 Topsoil 32 91 19 CY 30 $100.00 $3,000.00 5 3292.0100 Block Sod Placement 32 92 13 SY 112 $100.00 $11,200.00 6 3201.0201 Asphalt Pvmt Repair Beyond Defined Width, Residential 32 01 17 SY 75 $0.00 13 $0.00 14 $0.00 15 $0.00 16 $0.00 17 $0.00 18 $0.00 19 $0.00 20 $0.00 21 $0.00 22 $0.00 23 $0.00 24 $0.00 25 $0.00 26 $0.00 27 $0.00 28 $0.00 29 $0.00 30 $0.00 31 $0.00 32 $0.00 33 $0.00 This Bid is submitted by the entity named below: BIDDER:BY: Ramsey Contruction, Inc. 4329 Reeder Dr Carrollton, Tx 75010 TITLE: DATE: 100 David Hutchinson Project Manager Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. TOTAL UNIT III: PAVING IMPROVEMENTS $160,083.00 UNIT III: PAVING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER:BY: Ramsey Contruction, Inc. 4329 Reeder Dr Carrollton, Tx 75010 TITLE: DATE: 100 END OF SECTION $160,083.00 $0.00 $0.00 Bid Summary UNIT I: WATER IMPROVEMENTS $54,873.00 UNIT I: SEWER IMPROVEMENTS $96,015.00 UNIT II: PAVING IMPROVEMENTS Project Manager Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. $0.00 Total Construction Bid $310,971.00 David Hutchinson 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT – DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP (1).docx Form Version September 1, 2015 SECTION 00 45 12 DAP – PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the “Major Work Type” box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name Here: BY: Address Here: _________________________________________ (Signature) TITLE: DATE: END OF SECTION Water Mains for New Development Wastewater Mains for New Development Rumsey Construction, LLC 4/30/2022 Partner Block Builders, LLC 4545 Post Oak Place Dr. Houston, TX 77027 �ORTWORTHo April 27, 2021 Mr Steve Rumsey Rumsey Construction LLC 4329 Reeder Drive Carrollton, TX 75010 PREQUALIFICATION TO BID CITY OF FORT WORTH WATER DEPARTMENT PROJECTS Dear Mr. Rumsey: Thank you for your submittal of information and data toward prequalification to perform our work. We are pleased to advise that your prequalification has been finalized. A bid limit $9,684,850.00 has been established for your organization based on the financial data submitted. Your firm is prequalified to perform the following work: -- Wastewater Mains (12" and under) for New Development using Open Cut construction methods -- Water Mains (16" and under) for New Development using Open Cut construction methods The prequalification and bid limit established above will remain current through 4/30/2022 This date was established to be sixteen (16) months from the date of the most recent financial statement received, unless rescinded for cause. Should you desire prequalification in the future beyond the aforementioned, submittal of updated financials, work experience, and equipment list will be necessary for this department to establish a new bid limit. Please be advised that the plans and documents for the work to be performed must be submitted to and approved by the City of Fort Worth Water Department. We appreciate your interest in our work and should you have some question in this or other matters within our purview, please do not hesitate to contact Mr. John Kasavich at (817)392-8480 or Cheryl Howe at (817)392-605- 2752. Yours very truly, �i � , 1 i R` �r�� j�, �, _ _ ��` �� Chris Harder, `P. E. Water Director Fort Worth � an-ame�cac�v �� 1964 • 1993 • 2011 MAIL TO: John Kasavich, P.E. Fort Worth Water Department Engineering & Regulatory Services 200 Texas Street Fort Worth, TX 76102 WATER DEPARTMENT THE CITY OF FORT WORTH * ZOO TEXAS STREET * FORT WORTH, TE�c.as 76102 817-392-8240 * Fnx 817-392-8195 �t Printed on recycled paper 00 45 2b - 1 CON'CItAC7'OR CO,�tI'L1AnCE �1'1'CH IVORK�R'S COMPEh'SA'TION LA�i� Page l of l 2 3 4 5 G 7 8 9 ]0 11 12 13 14 IS I6 [7 l8 l4 za 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 s�cTlorr ao as zs CONTRAC'I'OR COMPLIANCE W1TH WORKER'S COMPFNSEITION LAW P��suant to Texas Labor Code Sectio�a 40G.09G{a), as amended, Coiitractor certiiies that it provides woz�ker's co��pezisatioz� it�sura�ice co�rei�age for �ll of its einployees employed on City P��oject No. 1032I9. Cont��acto�� furt��er certiries that, }�ursuank to Texas Labor Code, Sectio�i �10b.096(b), �s amended, it will pravide to City its s�2bcoz�t��acio��'s cex�ti�cates of co�z��liance with worke�'s ca�i�pensation coverage, CONTRACTOR: / �I � r� w i ('��ti;;.,_►L �lu� z�'>t' ;�w«t By� -� C�' �:Y, r�`�.- : ��.P j I i� Cotn��any V��L�i,tr � {Please Print) r �, y ��i[11I� ��(i� �,_--- -- � l�j � � �� t' � S Or'1 {� ! ci��L�; Signature: .c�� / ? � Address � — � / � ��t;�F��_ 1 ��--l.r �� t ,� /-;' ��C_�:��i�;� Title: �'��%�'7�'�� : % 1 �t �1/' (I'C� CitylState/7i� (P[e�se P •'nt) i THE STAT� OT' T�XAS � couN�r� o� �r-��,�-�r F % � .�� % � �� § BEFORE ME, tlie undersigned ai�thority, on tliis day pe�'sanally appeaz�ed � << . < ��.�� i � c° 1 �= � - , known to �7�e to be t11e person �vl�ose ��atne is subscribed to the fo�•egoing instrument, and ackno�vledged to me that he/she executed tEie same as the act and deed of ��1 ) Y"�_=:,- ��;- r- �✓ ; c• . for tfie pu��oses and coi�sideratio�f therein expressed � d ir�. he capaciry the�•ein stated. GI�EN UNDEF� MY HAND AND SEAL OF OFFICE tliis ��"; '�!-1�,��.�`�t.>,: ,20�'i. �^ �� 1 day of �,xY o,,s LYDIA L KNQERR i J� °n Notary 1D #7 2 80 2545 7 �-ti ��' � ,/��,; �,��., h1y Commission Expires � L, � •;�� / ,.:. i �C .�- �:�' � .. "Fc:a++� July 11� 2022 -- ,!(-.': v� ,9 Notary Pi�blic in a;�d for tl�e State of Texas END OF SECTION C[7'Y OF FORl' �VORTH STAAIDARD Cp\'STRUCTION SYrC[PICATION DOCU�fGNTS Reviscd April 2, 2014 COJV�I�i�PL,4CT; IPRC 21 0016 CPN.• 163219 i 4852-7706-0570.v4 JOINT VENTURE AGREEMENT OF BLOCK WT COWAN PLACE GC JOINT VENTURE DATE: August 2, 2021 THE JOINT VENTURE INTERESTS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY JURISDICTION. NO JOINT VENTURE INTEREST MAY BE SOLD OR OFFERED FOR SALE (WITHIN THE MEANING OF ANY SECURITIES LAW) UNLESS A REGISTRATION STATEMENT UNDER ALL APPLICABLE SECURITIES LAWS WITH RESPECT TO THE INTEREST IS THEN IN EFFECT OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THOSE LAWS IS THEN APPLICABLE TO THE INTEREST. A JOINT VENTURE INTEREST ALSO MAY NOT BE TRANSFERRED OR ENCUMBERED UNLESS THE PROVISIONS OF ARTICLE V OF THIS AGREEMENT ARE SATISFIED. Table of Contents Page ii 4852-7706-0570.v4 I. FORMATION OF COMPANY i 1.1. Formation ........................................................................................................................... i 1.2. Name. ................................................................................................................................. i 1.3. Places of Business and Registered Office. ......................................................................... i 1.4. Purpose. .............................................................................................................................. i 1.5. Title to Joint Venture Property ........................................................................................... i 1.6. Duration. ............................................................................................................................. i II. CAPITALIZATION AND RELATED MATTERS i 2.1. Initial Capital. ..................................................................................................................... i 2.2. Additional Capital. ............................................................................................................ ii 2.3. Capital Accounts. .............................................................................................................. ii 2.4. Interest on and Return of Capital. .................................................................................... iii 2.5. Negative Capital Accounts. .............................................................................................. iii 2.6. Adjustment of Gross Asset Value .................................................................................... iii III. ALLOCATION OF PROFITS AND LOSSES; DISTRIBUTIONS TO THE VENTURERS iv 3.1. Profits, Losses and Distributive Shares of Tax Items. ..................................................... iv 3.2. Distribution of Cash Flow. .............................................................................................. vii IV. MANAGEMENT OF THE COMPANY viii 4.1. The Managing Venturer ................................................................................................. viii 4.2. Specific Authority of the Managing Venturer .................................................................. ix 4.3. Limitations on Power and Authority of the Managing Venturer. ..................................... x 4.4. Specific Responsibilities of the Managing Venturer Related to the Construction Contract xi 4.5. Appointment of Managing Venturer; Term of Office; Removal; and Resignation ....... xiii 4.6. Compensation and Expenses of the Managing Venturer. .............................................. xiii 4.7. Other Venturers .............................................................................................................. xiii 4.8. Joint Venture Liabilities ................................................................................................. xiii 4.9. Indemnity ........................................................................................................................ xiv 4.10. Limitations on Indemnity. .............................................................................................. xiv 4.11. Insurance. ....................................................................................................................... xiv 4.12. Other Activities of the Venturers .................................................................................... xv 4.13. Power of Attorney ........................................................................................................... xv 4.14. Banking. .......................................................................................................................... xv 4.15. Tax Matters Venturer. ..................................................................................................... xv V. NEW MEMBERS, RESTRICTIONS ON TRANSFER OF MEMBERSHIP INTERESTS AND OTHER MATTERS xvi 5.1. Admission of Venturers. ................................................................................................. xvi 5.2. Procedure for Admission. ............................................................................................... xvi 5.3. Permitted Transfers. ...................................................................................................... xvii VI. LIQUIDATION AND DISSOLUTION OF THE COMPANY xvii 6.1. Dissolution Events. ........................................................................................................ xvii Table of Contents Page iii 4852-7706-0570.v4 6.2. Method of Liquidation. .................................................................................................. xvii 6.3. Date of Termination ..................................................................................................... xviii VII. MISCELLANEOUS xviii 7.1. Fiscal Year .................................................................................................................... xviii 7.2. Records. ........................................................................................................................ xviii 7.3. Reports .......................................................................................................................... xviii 7.4. Method of Accounting.. .................................................................................................. xix 7.5. Representations of the Venturers ................................................................................... xix 7.6. Notices ............................................................................................................................ xix 7.7. Amendments; Waivers ................................................................................................... xix 7.8. Binding Effect. ............................................................................................................... xix 7.9. Duplicate Originals. ........................................................................................................ xix 7.10. Construction. ................................................................................................................... xx 7.11. Governing Law; Jurisdiction. .......................................................................................... xx 7.12. Dispute Resolution. ......................................................................................................... xx 7.13. Other Instruments ........................................................................................................... xxi 7.14. Legal Construction. ........................................................................................................ xxi 7.15. Gender, Etc. .................................................................................................................... xxi 7.16. Involvement of the Joint Venture in Certain Proceedings. ............................................ xxi 7.17. Waiver of Partition and Certain Other Rights; Nature of Interests in the Joint Venture ... ........................................................................................................................................ xxi 7.18. Venturer Approvals ....................................................................................................... xxii 7.19. Venturer Meetings. ........................................................................................................ xxii 7.20. Creditors Not Benefited. ................................................................................................ xxii VIII. DEFINED TERMS ……………………………………………………………………xxii Table of Contents Page 4852-7706-0570.v4 This Joint Venture Agreement (this "Agreement") is entered into as of the date on the cover page to this Agreement among the Persons executing this Agreement. Defined terms in this Agreement have the meanings assigned to them in Article VIII. I. FORMATION OF COMPANY 1.1. Formation. The Venturers form a joint venture under the Act, effective as of the date listed on the cover page of this Agreement. 1.2. Name. The name of the Joint Venture is on the cover page to this Agreement. The Managing Venturer may change the name of the Joint Venture from time to time. The Managing Venturer also may adopt one or more assumed names for use by the Joint Venture. 1.3. Places of Business and Registered Office. The principal (and registered) office of the Joint Venture shall be at 619 Jefferson Highway, Suite 2G, Baton Rouge, Louisiana 70807. The Managing Venturer shall be the initial registered agent for the Joint Venture to the extent required. The Managing Venturer may change the principal or registered office or registered agent of the Joint Venture and establish, maintain and abandon one or more additional places of business for the Joint Venture. 1.4. Purpose. The purpose of the Joint Venture is to (i) execute, deliver and perform under the Construction Contract, (ii) act as general contractor for the performance of construction and rehabilitation services with respect to the Property, and (iii) conduct any other activity necessary in connection with the foregoing and permitted by law. 1.5. Title to Joint Venture Property. Property may be acquired in the name of the Joint Venture or in the name of an agent or nominee on terms and conditions the Managing Venturer deems appropriate. 1.6. Duration. The term of the Joint Venture will continue until the date that is the later of (i) the date of final endorsement by the Federal Housing Commissioner of the credit instrument in the amount of up to $15,261,700 for mortgage insurance with respect to the Property; (ii) the date of expiration of all express warranties owed by the Joint Venture to the Owner under the Construction Contract; and (iii) the expiration of any applicable statutes of repose or limitations relating to claims for latent defects for the Work not to exceed more than two (2) years after Substantial Completion (as defined in the Construction Contract). II. CAPITALIZATION AND RELATED MATTERS 2.1. Initial Capital. The initial capital of the Joint Venture will consist of cash contributions to be made by the Venturers in the respective amounts set forth opposite their names on the signature pages hereto. Each Venturer agrees to make the capital contribution 4852-7706-0570.v4 required under this Section 2.1, which will be due upon call by the Managing Venturer. The initial Percentage Interest of each Venturer is set forth opposite the Venturer's name on the signature pages of this Agreement. 2.2. Additional Capital. (a) Additional Capital. No Venturer will have any obligation to contribute any additional capital to the Joint Venture except as provided in Section 2.1. (b) Loans. In the event the Joint Venture requires additional funds, the Joint Venture may borrow funds from Persons, including any Venturer, upon such terms and conditions as shall be approved by the Managing Venturer. (c) Intentionally Omitted. 2.3. Capital Accounts. (a) Establishment and Maintenance. A separate capital account ("Capital Account") will be maintained for each Venturer. The Capital Account of each Venturer will be determined and adjusted as follows: (i) Each Venturer's Capital Account will be credited with the Venturer's Capital Contributions, the Venturer's distributive share of Profits, any items in the nature of income or gain that are specially allocated to the Venturer under Sections 3.1(c) or 3.1(d), and the amount of any Joint Venture liabilities that are assumed by the Venturer or secured by any Joint Venture property distributed to the Venturer. (ii) Each Venturer's Capital Account will be debited with the amount of cash and the Gross Asset Value of any Joint Venture property distributed to the Venturer under any provision of this Agreement, the Venturer's distributive share of Losses, any items in the nature of deduction or loss that are specially allocated to the Venturer under Section 3.1(c) or 3.1(d), and the amount of any liabilities of the Venturer assumed by the Joint Venture or which are secured by any property contributed by the Venturer to the Joint Venture. (iii) If any interest in the Joint Venture is Transferred in accordance with the terms of this Agreement, the Transferee will succeed to the Capital Account of the Transferor to the extent it relates to the Transferred interest. (iv) In determining the amount of any liability for purposes of Sections 2.3(a)(i) and 2.3(a)(ii), Code Section 752(c) and any other applicable provisions of the Code and the Treasury Regulations will be taken into account. (b) Modifications. The provisions of this Section 2.3 and the other provisions of this Agreement relating to the maintenance of Capital Accounts have been included in this Agreement to comply with Section 704(b) of the Code and the Treasury Regulations promulgated thereunder and will be interpreted and applied in a manner consistent with those 4852-7706-0570.v4 provisions. Without limiting the generality of Section 3.1(c), the Partnership Representative may modify the manner in which the Capital Accounts are maintained under this Section 2.3 in order to comply with those provisions, as well as upon the occurrence of events that might otherwise cause this Agreement not to comply with those provisions; provided, however, without the unanimous consent of all Venturers, the Partnership Representative may not make any modification to the way Capital Accounts are maintained if such modification would have the effect of changing the amount of distributions to which any Venturer would be entitled during the operation, or upon the liquidation, of the Joint Venture. 2.4. Interest on and Return of Capital. No Venturer will be entitled to any interest on its Capital Account or on its Capital Contributions. Except as expressly provided in this Agreement, no Venturer will have the right to demand or receive the return of all or any part of his capital or to receive property other than cash from the Joint Venture. 2.5. Negative Capital Accounts. (a) Limit on Obligation to Restore. Except as expressly provided in this Section 2.5, no Venturer will be required to pay to the Joint Venture or to any other Venturer any deficit or negative balance which may exist from time to time in the Venturer's Capital Account. (b) Excess Withdrawals. If any Venturer receives a distribution under Section 3.2 or Section 6.2 of this Agreement in excess of the amount such Venturer should have received under those Sections at the time the distribution was made, such Venturer shall be obligated to pay any such excess to the Venturer or Venturers rightfully entitled to such distribution immediately upon demand to do so by the Managing Venturer, or if the Managing Venturer has received the excess distribution, upon demand by the other Venturer. 2.6. Adjustment of Gross Asset Value. Gross Asset Value, with respect to any asset, is the adjusted basis for federal income tax purposes of that asset, except as follows: (a) The initial Gross Asset Value of any asset contributed (or deemed contributed under Code Sections 704(b) and 752 and the Treasury Regulations promulgated thereunder) by a Venturer to the Joint Venture will be the fair market value of the asset on the date of the contribution, as determined by the Partnership Representative. (b) The Gross Asset Values of all Joint Venture assets will be adjusted to equal the respective fair market values of the assets, as determined by the Partnership Representative, as of (i) the acquisition of an additional interest in the Joint Venture by any new or existing Venturer in exchange for more than a de minimis capital contribution, (ii) the distribution by the Joint Venture to a Venturer of more than a de minimis amount of Joint Venture property as consideration for an interest in the Joint Venture if the Partnership Representative reasonably determines an adjustment is necessary or appropriate to reflect the relative economic interests of the Venturers in the Joint Venture, and (iii) the liquidation of the Joint Venture within the meaning of Treasury Regulations Section 1.704-1(b)(2)(ii)(g). 4852-7706-0570.v4 (c) The Gross Asset Value of any Joint Venture asset distributed to any Venturer will be the gross fair market value of the asset on the date of distribution. (d) The Gross Asset Values of Joint Venture assets will be increased or decreased to reflect any adjustment to the adjusted basis of the assets under Code Section 734(b) or 743(b), but only to the extent that the adjustment is taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), provided that Gross Asset Values will not be adjusted under this Section 2.6(d) to the extent that the Partnership Representative determines that an adjustment under Section 2.6(b) is necessary or appropriate in connection with a transaction that would otherwise result in an adjustment under this Section 2.6(d). After the Gross Asset Value of any asset has been determined or adjusted under Section 2.6(a), 2.6(b) or 2.6(d), Gross Asset Value will be adjusted by the Depreciation taken into account with respect to the asset for purposes of computing Profits or Losses. III. ALLOCATION OF PROFITS AND LOSSES; DISTRIBUTIONS TO THE VENTURERS 3.1. Profits, Losses and Distributive Shares of Tax Items. (a) Profits. Except as provided in Sections 3.l(c), 3.1(d), and 6.2(b), Profits for any fiscal year will be allocated in the following order: (i) first, to the Venturers pro rata, until the cumulative Profits allocated to each Venturer under this Section 3.1(a)(i) equal the cumulative Losses allocated to such Venturer under Section 3.1(b)(iii) for all prior periods; (ii) next, to the Venturers pro rata, until the cumulative Profits allocated to each Venturer under this Section 3.1(a)(ii) equal the cumulative Losses allocated to each such Venturer under Section 3.l(b) for all prior periods; and (iii) the balance, if any, to the Venturers in proportion to their respective Percentage Interests. (b) Losses. Except as provided in Sections 3.1(c), 3.1(d), 3.1(h) and 6.2(b), Losses for any fiscal year will be allocated in the following order: first, to each Venturer until the cumulative Losses allocated to each such Venturer under this Section 3.1(b)(i) equal the cumulative Profits allocated to each such Venturer under Section 3.1(a)(iii) for all prior periods; next, to the Venturers in proportion to their respective Adjusted Capital Account balances in an amount equal to, but not in excess of, the Adjusted Capital Account balance of each such Venturer prior to the allocation provided for in this Section 3.1(b)(ii); and 4852-7706-0570.v4 finally, to the Venturers, pro rata, in accordance with their Percentage Interests. (c) Special Allocations. Except as otherwise provided in this Agreement, the following special allocations will be made in the following order and priority: Partnership Minimum Gain Chargeback. Notwithstanding any other provision of this Section 3.1, if there is a net decrease in Partnership Minimum Gain during any taxable year or other period for which allocations are made, prior to any other allocation under this Agreement, each Venturer will be specially allocated items of Joint Venture income and gain for that period (and, if necessary, subsequent periods) in proportion to, and to the extent of, an amount equal to such Venturer's share of the net decrease in Partnership Minimum Gain during such year determined in accordance with Treasury Regulations Section 1.704-2(g)(2). The items to be allocated will be determined in accordance with Treasury Regulations Section 1.704-2(g). This Section 3.1(c)(i) is intended to comply with the partnership minimum gain chargeback requirements of the Treasury Regulations, will be interpreted consistently with the Treasury Regulations and will be subject to all exceptions provided therein. Partner Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 3.1 (other than Section 3.1(c)(i) which shall be applied first), if there is a net decrease in Partner Nonrecourse Debt Minimum Gain with respect to a Partner Nonrecourse Debt during any taxable year or other period for which allocations are made, any Venturer with a share of such Partner Nonrecourse Debt Minimum Gain (determined under Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of the year will be specially allocated items of Joint Venture income and gain for that period (and, if necessary, subsequent periods) in an amount equal to such Venturer's share of the net decrease in the Partner Nonrecourse Debt Minimum Gain during such year determined in accordance with Treasury Regulations Section 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Treasury Regulations Section 1.704-2(g). This Section 3.1(c)(ii) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirements of the Treasury Regulations, will be interpreted consistently with the Treasury Regulations and will be subject to all exceptions provided therein. Qualified Income Offset. A Venturer who unexpectedly receives any adjustment, allocation or distribution described in Treasury Regulations Sections 1.704- 1(b)(2)(ii)(d)(4), (5) or (6) will be specially allocated items of Joint Venture income and gain in an amount and manner sufficient to eliminate, to the extent required by the Treasury Regulations, the Adjusted Capital Account Deficit of the Venturer as quickly as possible. Gross Income Allocation. Each Venturer who has a deficit Capital Account at the end of any Joint Venture taxable year that is in excess of the amount the Venturer is obligated to restore under Section 2.5, including any amount that he is deemed to be obligated to restore under Treasury Regulations Section 1.704-2(g)(1) and 4852-7706-0570.v4 Section 1.704-2(i)(5), will be specially allocated items of Joint Venture income and gain in the amount of the excess as quickly as possible. Nonrecourse Deductions. Nonrecourse Deductions for any taxable year or other period for which allocations are made will be allocated among the Venturers in proportion to their respective Percentage Interests in the Joint Venture. Partner Nonrecourse Deductions. Notwithstanding anything to the contrary in this Agreement, any Partner Nonrecourse Deductions for any taxable year or other period for which allocations are made will be allocated to the Venturer who bears the economic risk of loss with respect to the Partner Nonrecourse Debt to which the Partner Nonrecourse Deductions are attributable in accordance with Treasury Regulations Section 1.704-2(i). Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Joint Venture asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases the basis), and the gain or loss will be specially allocated to the Venturers in a manner consistent with the manner in which their Capital Accounts are required to be adjusted under Treasury Regulations Section 1.704-1(b)(2)(iv)(m). Interest in Joint Venture. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Venturer if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Venturer's interest in the Joint Venture within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Partnership Representative will have the authority to reallocate any item in accordance with this Section 3.1(c)(viii). Notwithstanding the authority granted to make such allocations as may be appropriate to accomplish the purposes of this Section 3.1(c)(viii), no allocation under this Section 3.1(c)(viii) will affect or otherwise alter the amount of any distribution to which a Venturer would otherwise be entitled pursuant to any provision of this Agreement. Return Allocation. After giving effect to all preceding special allocations in this Section 3.1(c), all or a portion of the remaining items of Joint Venture income or gain for the fiscal year (the "Subject Year"), if any, will be specially allocated to the Venturers in proportion to and, to the extent possible, in an amount equal to the (i) cumulative distributions each Venturer has received with respect to any Special Distribution from the formation of the Joint Venture to a date 75 days after the end of such Subject Year; plus (ii) any accrued Special Distribution owing each such Venturer as of the date 75 days after the end of such Subject Year, after taking into account the distributions referenced in the foregoing clause (i); less (iii) the cumulative income 4852-7706-0570.v4 allocated to each such Venturer under this Section 3.1(c)(ix) in all prior fiscal years (i.e., all fiscal years prior to such Subject Year). (d) Curative Allocations. The allocations set forth in Section 3.1(c) (except for those in Section 3.1(c)(ix)) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may effect results which would not be consistent with the manner in which the Venturers intend to divide Joint Venture distributions. Accordingly, the Partnership Representative is authorized to divide other allocations of Profits, Losses, and other items among the Venturers so as to prevent the Regulatory Allocations from distorting the manner in which Joint Venture distributions would be divided among the Venturers under Section 6.2. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Venturers so that the net amount of the Regulatory Allocations and the special allocations to each Venturer is zero. The Partnership Representative will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations. (e) Tax Allocations—Code Section 704(c). In accordance with Code Section 704(c) and the related Treasury Regulations, income, gain, loss and deduction with respect to any property contributed to the capital of the Joint Venture, solely for tax purposes, will be allocated among the Venturers so as to take account of any variation between the adjusted basis to the Joint Venture of the property for federal income tax purposes and the initial Gross Asset Value of the property (computed in accordance with Section 2.6(b)). If the Gross Asset Value of any Joint Venture asset is adjusted under Section 2.6(b), subsequent allocations of income, gain, loss and deduction with respect to that asset will take account of any variation between the adjusted basis of the asset for federal income tax purposes and its Gross Asset Value in the same manner as under Code Section 704(c) and the related Treasury Regulations. Any elections or other decisions relating to allocations under this Section 3.1(e) will be made in any manner that the Partnership Representative determines reasonably reflects the purpose and intention of this Agreement. Allocations under this Section 3.1(e) are solely for purposes of federal, state and local taxes and will not affect, or in any way be taken into account in computing, any Venturer's Capital Account or share of Profits, Losses or other items or distributions under any provision of this Agreement. (f) Other Allocation Rules. For purposes of determining the Profits, Losses or any other item allocable to any period, Profits, Losses and other items will be determined on a daily, monthly or other basis, as determined by the Partnership Representative using any permissible method under Code Section 706 and the related Treasury Regulations, and all items of Joint Venture income, gain, loss, deduction and other allocations not otherwise provided for in this Agreement shall be allocated among the Venturers in accordance with their Percentage Interests. (g) Venturer Acknowledgment. The Venturers agree to be bound by the provisions of this Section 3.1 in reporting their shares of Joint Venture income and loss for income tax purposes. 3.2. Distribution of Cash Flow. 4852-7706-0570.v4 (a) General Distributions to Venturers. Subject to Section 6.2 and, after establishing cash reserves (1) required by any loan agreements or similar arrangements to which the Joint Venture is subject, and (2) necessary to satisfy contingencies reasonably anticipated for, or associated with, the Joint Venture’s business, any remaining available cash or other property of the Joint Venture as reasonably determined by the Managing Venturer will be distributed within thirty (30) days after each calendar quarter or at such other time or times determined by the Managing Venturer as follows: First, to the Venturers in return of their Capital Contributions, pro rata, in proportion to their Capital Contributions until the cumulative amounts distributed to Venturers under this Section 3.2(a)(i) equal the total Capital Contributions made to the Joint Venture; and Next, to the Venturers in accordance with their Percentage Interests on the date of the distribution. (b) Special Distributions to Managing Venturer. The Joint Venture shall enter into a Construction Contract on U.S. Department of Housing and Urban Development (“HUD”) form HUD-92442M (the “Construction Contract”) with FW Cowan Place, LP, a Texas limited partnership (“Owner”), whereby the Joint Venture will serve as the general contractor for the performance of construction services (“Work”) with respect to the Cowan Place Apartments project, also identified as FHA Project No. 113-35926, in Fort Worth, Texas (the “Property” or the “Project”, as context requires). The Managing Venturer shall be responsible for implementing and supervising the Joint Venture’s performance of services for the Construction Contract. In exchange for providing such services, the Managing Venturer shall earn a fee (the “Supervision Fee”) from the Joint Venture in an amount equal to the sum specified in Article 4 of the Construction Contract. The Supervision Fee shall be paid as a special distribution prior to any amounts being distributed under Section 3.2(a) above. The Supervision Fee includes amounts necessary for the Managing Venturer to pay the costs of construction (including without limitation payment of all obligations to subcontractors and materialmen (less retainage) for Work done and materials, equipment and fixtures furnished through the date covered by such payment) on behalf of the Joint Venture, along with the contractor fee payable to the Managing Venturer. (c) Intentionally Omitted. IV. MANAGEMENT OF THE COMPANY 4.1. The Managing Venturer. The business and affairs of the Joint Venture will be managed by the Managing Venturer. Except as otherwise expressly provided in this Agreement with respect to matters requiring Venturer Consent or some other approval of the Venturers, all determinations relating to the business and affairs of the Joint Venture (including without limitation all decisions required or permitted to be made by the Joint Venture as a participant in any other Person in which it may have an interest) will be made by the Managing Venturer in its sole discretion and will not give rise to any right or claim by any Venturer or the Joint Venture unless made in violation of an express provision of this Agreement. The Managing Venturer will 4852-7706-0570.v4 have complete authority to take, in its own name or in the name of the Joint Venture, any action that the Managing Venturer determines to be appropriate under this Agreement or for the conduct of the business of the Joint Venture, including without limitation the actions specified in Section 4.2 and Section 4.4. All decisions and actions taken by the Managing Venturer under the authority of this Section 4.1, Section 4.2 and Section 4.4 will be binding upon all of the Venturers and the Joint Venture. The Managing Venturer will not be liable or accountable with respect to this Agreement, in damages or otherwise, to the Joint Venture or to any other Venturer for anything it may do or refrain from doing, except for the indemnity provisions set forth in Sections 4.4(h), 4.4(i) and 4.4(j) of this Agreement and with respect to any action or inaction by Managing Venturer which constitutes a breach or default under this Agreement. 4.2. Specific Authority of the Managing Venturer. Subject to the limitations in Section 4.3, the authority of the Managing Venturer to manage the business and affairs of the Joint Venture will include complete authority: (a) To execute, deliver and perform under the Construction Contract, including the execution, delivery and performance of subcontracts to perform the Construction Contract; (b) To perform all duties listed in Section 4.4 (c) To borrow money for the Joint Venture from any Person; (d) To create an Encumbrance on all or any part of the Joint Venture's assets in order to secure loans or advances to the Joint Venture or any Person in which the Joint Venture has a direct or indirect interest, or any obligation of the Joint Venture or any Person in which the Joint Venture has a direct or indirect interest, or for any other Joint Venture purpose; (e) To execute and deliver for the Joint Venture agreements and other instruments (including, without limitation, instruments creating an Encumbrance on Joint Venture assets for any purpose authorized by clause (b)), in connection with loans or the Transfer of property to any Person; (f) To guarantee obligations of any Person; (g) To acquire, either directly or indirectly, real property and tangible and intangible personal property and to Transfer to any Person including any Venturer or Affiliate all, substantially all, or any part of the property of the Joint Venture or any Person in which the Joint Venture has a direct or indirect interest; (h) To collect all income of the Joint Venture and to satisfy all obligations of the Joint Venture, including without limitation expenses of the Managing Venturer relating to the Joint Venture described in Section 4.4 and indemnification obligations arising under Section 4.7; (i) To prosecute, defend and settle legal, arbitration or administrative proceedings, at the cost of the Joint Venture (subject to Managing Venturer obtaining the prior approval of such 4852-7706-0570.v4 costs by the Non-Profit for any amounts in excess of $50,000), on behalf of or against the Joint Venture or, to the extent relating to the Joint Venture, any of its Venturers; (j) To manage, maintain and operate the assets of the Joint Venture including, without limitation, entering into or modifying any management agreement with any Person for the management of any of the Joint Venture's properties; (k) To employ one or more Persons (including without limitation any Venturer or any shareholder, officer, director, agent or advisor of any Venturer or Affiliate) in connection with the business of the Joint Venture; (l) To establish arrangements for the deposit of monies received on behalf of the Joint Venture in accordance with Section 4.12 and to disburse all funds on deposit on behalf of the Joint Venture in amounts and at times as required in connection with the business of the Joint Venture; (m) To procure and maintain insurance against risks and in amounts determined to be appropriate by the Managing Venturer, including without limitation workers compensation, commercial general liability, automobile liability, excess liability as required by the prime contract as well as other insurance under which any Venturer and its partners, members, venturers, shareholders, officers, directors, agents and Affiliates are beneficiaries; (n) To do or cause to be done any action referred to in this Agreement through any Person designated by the Managing Venturer; and (o) To do or cause to be done any other act which the Managing Venturer considers to be appropriate to carry out any of its powers or in furtherance of the purposes or character of the Joint Venture. 4.3. Limitations on Power and Authority of the Managing Venturer. (a) Certain Limitations. Without first obtaining written Venturer Consent, the Managing Venturer will not have the authority to do any of the following: Any act in contravention of this Agreement; Any act which would make it impossible to carry on the ordinary business of the Joint Venture, other than a Transfer of all or substantially all of the assets of the Joint Venture; Confess a judgment against the Joint Venture except in connection with the settlement of an action or proceeding; or Possess property of the Joint Venture or assign the Joint Venture's rights in specific property for other than Joint Venture purposes. 4852-7706-0570.v4 (b) Authority as to Third Persons. Notwithstanding Sections 4.2 and 4.3(a), the signed statement of the Managing Venturer reciting the authority of the Managing Venturer for any action, as to any third Person, will be conclusive evidence of the authority of the Managing Venturer to take that action. Each Venturer will promptly execute instruments determined by the Managing Venturer to be appropriate to evidence the authority of the Managing Venturer to consummate any transaction permitted by this Agreement. 4.4. Specific Responsibilities of the Managing Venturer Related to the Construction Contract. The Managing Venturer shall have the following responsibilities for the Joint Venture: (a) Coordinate and schedule the furnishing, delivery and payment for all labor, equipment, services, supervision and materials required to perform the Construction Contract. (b) Coordinate all construction activities and administer all subcontractors and subcontract work for the Project. (c) Accumulate, compile, prepare and submit to Owner all documentation and other materials required under the Construction Contract for all applications for periodic, progress and final payment, including all documentation required to support the Contract Sum as well as maintaining all certified payrolls required under Federal and State law. (d) Negotiate all changes and coordinate the performance of all changes to the work for the Project consistent with the Construction Contract. (e) Evaluate potential claims and, in the Managing Venturer’s sole discretion, pursue and negotiate such claims on behalf of the Joint Venture. (f) Obtain the performance and payment bonds required in connection with the Construction Contract. (g) Respond to all requests for information served by any governmental entity with jurisdiction over this Project and participate in any audit of the accounting before, during or after the Work is complete. (h) TO THE FULLEST EXTENT PERMITTED BY LAW, MANAGING VENTURER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS NON-PROFIT, AND ITS AGENTS, AFFILIATES, PARTNERS, OFFICERS AND EMPLOYEES OF ANY OF THEM (THE “INDEMNITEES”), FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNITEE, OR LIABILITY INCURRED BY THE INDEMNITEES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, DEFECTIVE WORK, WARRANTY, AND LIQUIDATED DAMAGES, ARISING OUT OF OR RESULTING FROM MANAGING VENTURER’S PERFORMANCE OF THE CONSTRUCTION CONTRACT AND CONSTRUCTION OF THE PROJECT, BUT ONLY TO THE SAME EXTENT AND IN THE MANNER AS CONTRACTOR (AS DEFINED IN 4852-7706-0570.v4 THE CONSTRUCTION CONTRACT) SHALL INDEMNIFY THE OWNER UNDER THE CONSTRUCTION CONTRACT. THE FOREGOING INDEMNIFICATION OBLIGATIONS SHALL NOT INCLUDE CONSEQUENTIAL DAMAGES OR LOSSES, DAMAGES, COSTS AND EXPENSES THAT RESULT SOLELY AND DIRECTLY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE, WHICH SHALL BE THE SOLE RESPONSIBILITY OF NON-PROFIT. (i) MANAGING VENTURER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS OWNER AND ITS PARTNERS (EACH, AN “INDEMNIFIED PERSON”) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNIFIED PERSON, OR LIABILITY INCURRED BY AN INDEMNIFIED PERSON, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, DEFECTIVE WORK, WARRANTY, AND LIQUIDATED DAMAGES, ARISING OUT OF OR RESULTING FROM MANAGING VENTURER’S PERFORMANCE OF THE CONSTRUCTION CONTRACT AND CONSTRUCTION OF THE PROJECT, BUT ONLY TO THE SAME EXTENT AND IN THE MANNER AS CONTRACTOR (AS DEFINED IN THE CONSTRUCTION CONTRACT) SHALL INDEMNIFY THE OWNER UNDER THE CONSTRUCTION CONTRACT. OWNER SHALL BE DEEMED A THIRD PARTY BENEFICIARY OF THIS PARAGRAPH 4.4(i), PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE FOREGOING, OWNER SHALL HAVE NO DUTIES, LIABILITIES, OR OBLIGATIONS UNDER THIS AGREEMENT. THIS PARAGRAPH 4.4(i) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT, BUT SHALL TERMINATE UPON TERMINATION OR EXPIRATION OF THE CONTRACTOR’S INDEMNITY OBLIGATIONS UNDER THE CONSTRUCTION CONTRACT. (j) THE MANAGING VENTURER SHALL INDEMNIFY THE NON-PROFIT AND HOLD THE NON-PROFIT HARMLESS FROM ANY ACTUAL CLAIMS, LOSSES, COSTS, DEMANDS, PENALTIES, FINES, DAMAGES, FEES AND EXPENSES PAYABLE TO THE COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS OR ANY OTHER TAXING AUTHORITY IN THE STATE OF TEXAS WHICH IMPOSES SALES TAX ARISING FROM THE JOINT VENTURE’S OR THE MANAGING VENTURER’S MISUSE OF THE NON-PROFIT’S SALES TAX EXEMPTION, EXCEPT TO THE EXTENT SUCH CLAIMS, LOSSES, COSTS, DEMANDS, PENALTIES, FINES, DAMAGES, FEES AND/OR EXPENSES WERE CAUSED BY NON-PROFIT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FOR PURPOSES OF THIS PARAGRAPH, “MISUSE” SHALL BE DEFINED AS A USE OF NON-PROFIT’S SALES TAX EXEMPTION FOR A PURPOSE OTHER THAN AS CONTEMPLATED OR AUTHORIZED IN SECTION 1.4 OF THIS AGREEMENT. THE MANAGING VENTURER AGREES TO INDEMNIFY NON-PROFIT, ITS DIRECTORS, AGENTS AND PROFESSIONAL ADVISORS (COLLECTIVELY, THE “NON-PROFIT INDEMNIFIED PERSONS”) FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE FEES AND 4852-7706-0570.v4 EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNIFIED PERSONS) OR LIABILITY BY REASON OF ANY ACTION OR INACTION BY NON-PROFIT AND/OR ANY NON-PROFIT INDEMNIFIED PERSON IN CONNECTION WITH OR RELATED TO THE JOINT VENTURE, OTHER THAN ALL LOSSES, DAMAGES, COSTS AND EXPENSES, THAT RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A NON-PROFIT INDEMNIFIED PERSON, WHICH SHALL BE THE SOLE RESPONSIBILITY OF NON-PROFIT. 4.5. Appointment of Managing Venturer; Term of Office; Removal; and Resignation. The number of initial Managing Venturers shall be one. The Managing Venturer shall have the right to resign the position of Managing Venturer at any time. The Managing Venturer may not be removed from office without Venturer Consent. Upon the resignation of the Managing Venturer, a replacement managing venturer shall be appointed by Venturer Consent. 4.6. Compensation and Expenses of the Managing Venturer. The Managing Venturer will not receive any compensation from the Joint Venture for serving as Managing Venturer (except for the Supervision Fee as provided in Section 3.2(b)), but all expenses incurred by, or allocated by any Venturer or Affiliate to, the Managing Venturer in connection with its service as Managing Venturer (including without limitation charges for property management, legal, accounting, data processing, administrative, executive, tax and other services rendered by employees of any Venturer or Affiliate) will be paid or promptly reimbursed by the Joint Venture. Nothing contained in this Section 4.4 is intended to affect the Percentage Interest of the Managing Venturer or the amounts that may be payable to the Managing Venturer by reason of its Percentage Interest. 4.7. Other Venturers. The Venturers (other than Managing Venturer), in their capacities as Venturers, may not act for or bind the Joint Venture and may not participate in the general management, conduct or control of the Joint Venture's business or affairs; provided, however, that the Non-Profit shall have the right to (i) approve of any draw requests and (ii) review and approve any material changes orders or any material changes in the scope of work or plans and specifications (costing over $50,000 for a single change or $100,000 in the aggregate) during construction of the Property, provided, however, that such review and approval (or disapproval) shall be provided by Non-Profit within five (5) business days of receipt of such request, and Non-Profit’s approval shall not be unreasonably delayed, conditioned or withheld. Nothing contained in this Section 4.7 will prohibit any Venturer or any partner, member, shareholder, owner, officer, director, employee, agent or authorized representative thereof from acting as an officer, director, employee, agent or other representative of the Joint Venture or the Managing Venturer. 4.8. Joint Venture Liabilities. Neither the Managing Venturer nor the Venturers will have any liability for the return of any Venturers' Capital Contributions or any Residual Capital. All liabilities of the Joint Venture, including without limitation indemnity obligations under Section 4.9, will be liabilities of the Joint Venture as an entity, and will be paid or satisfied from Joint Venture assets, and no Venturer shall be obligated personally for any debt, obligation or liability of the Joint Venture or of any Venturer, whether arising in contract, tort, or otherwise, by reason of being a Venturer. No liability of the Joint Venture will be payable in whole or in 4852-7706-0570.v4 part by any Managing Venturer, Venturer or by any partner, shareholder, director, officer, member, manager, agent or advisor of any Managing Venturer, Venturer or Affiliate (except as otherwise required by applicable law). 4.9. INDEMNITY. SUBJECT TO THE LIMITATIONS CONTAINED IN CHAPTER 8 OF THE ACT AND PARAGRAPH 4.4(H), THE JOINT VENTURE TO THE EXTENT OF ITS ASSETS LEGALLY AVAILABLE FOR THAT PURPOSE, WILL INDEMNIFY AND HOLD HARMLESS THE MANAGING VENTURER, THE VENTURERS AND ANY PARTNER, MEMBER, SHAREHOLDER, DIRECTOR, OFFICER, AGENT, AFFILIATE AND PROFESSIONAL OR OTHER ADVISOR OF ANY OF THEM (COLLECTIVELY, THE "INDEMNIFIED PERSONS"), FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, EXPENSE (INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF ATTORNEYS AND OTHER ADVISORS AND ANY COURT COSTS INCURRED BY ANY INDEMNIFIED PERSON) OR LIABILITY BY REASON OF ANYTHING ANY INDEMNIFIED PERSON DOES OR REFRAINS FROM DOING FOR, OR IN CONNECTION WITH THE BUSINESS OR AFFAIRS OF, THE JOINT VENTURE (INCLUDING ANY LOSS, DAMAGE, EXPENSE OR LIABILITY CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, OTHER THAN GROSS NEGLIGENCE, OF THE INDEMNIFIED PERSON), EXCEPT TO THE EXTENT THAT THE LOSS, DAMAGE, EXPENSE OR LIABILITY RESULTS PRIMARILY FROM THE INDEMNIFIED PERSON'S GROSS NEGLIGENCE OR WILLFUL BREACH OF A MATERIAL PROVISION OF THIS AGREEMENT WHICH IN EITHER EVENT CAUSES ACTUAL, MATERIAL DAMAGE TO THE JOINT VENTURE. NOTHING SET FORTH IN THIS SECTION 4.9 SHALL BE DEEMED TO MODIFY, REDUCE, ELIMINATE OR OTHERWISE AFFECT MANAGING VENTURER’S OBLIGATIONS TO INDEMNIFY OWNER AND ITS PARTENRS UNDER PARAGRAPH 4.4(i) HEREIN. 4.10. Limitations on Indemnity. (a) Waiver by Joint Venture. Subject to the limitations contained in Chapter 8 of the Act, the Joint Venture, with the approval of Venturer Consent, may indemnify any of the Indemnified Persons for any loss, damage, expense or liability for which the Indemnified Persons would not be entitled to mandatory indemnification under Section 4.9. (b) Waiver by Venturer. A Venturer may waive the benefits of indemnification under Section 4.9. (c) Certain Related Rights. The rights to indemnification under Section 4.9 are exclusive of other rights which any Indemnified Person may otherwise have at law or in equity, including without limitation common law rights to indemnification or contribution. 4.11. Insurance. Managing Venturer shall ensure that the constituent members of the Managing Venturer maintain all insurance and follow all insurance related requirements the Contractor must maintain and follow in the Construction Contract as if its constituent members were each themselves each the Contractor. 4852-7706-0570.v4 4.12. Other Activities of the Venturers. Each Venturer will be free to own or otherwise participate directly or indirectly in the ownership or operation of any activity of any Person, whether or not the activity competes with or is enhanced by any activity of the Joint Venture. 4.13. Power of Attorney. (a) General. Each Venturer appoints the Managing Venturer his attorney-in-fact, with full power of substitution and resubstitution, to execute in the Venturer's name and deliver: Any certificate of formation with respect to the Joint Venturers and any amendments thereto that the Managing Venturer deems appropriate; Any instrument that the Managing Venturer deems appropriate in order to qualify the Joint Venture to do business in any jurisdiction and any other instrument relating to the qualification or registration of the Joint Venture that the Managing Venturer deems appropriate; All certificates and other instruments that may be appropriate to effect the dissolution and termination of the Joint Venture under Article VI; All reports, forms and schedules that the Managing Venturer determines appropriate to file with any governmental body in connection with any Joint Venture activity; and Any amendment to this Agreement appropriate to reflect the Transfer of an interest in the Joint Venture permitted by this Agreement, or the admission to, or withdrawal from, the Joint Venture of a Venturer permitted by this Agreement. (b) Irrevocable Grant. The power of attorney granted under this Section 4.13 is coupled with an interest and is irrevocable and will survive the death, dissolution, legal incompetency, bankruptcy and withdrawal from the Joint Venture of any Venturer or the Transfer of his interest in the Joint Venture. 4.14. Banking. The funds of the Joint Venture will be kept in banking and other accounts from time to time in accordance with policies approved by the Managing Venturer including any master or general account of the Managing Venturer or its Affiliates, provided that any funds of the Joint Venture kept in any master account of the Managing Venturer or its Affiliates shall be accounted for separately in the books and records of the Managing Venturer or its Affiliates, as applicable. Withdrawals from any account will be made on the manual or facsimile signature of such individuals designated by the Managing Venturer. 4.15. Partnership Representative. (a) The Partnership Representative is designated as the "tax matters partner" and the “partnership representative” under Section 6231 of the Code. If an audit of the Joint Venture's federal income tax return is commenced, the Partnership Representative will promptly advise all 4852-7706-0570.v4 Venturers of the audit and provide each Venturer with a copy of any final partnership administrative adjustment (as defined in Section 6223(a) of the Code). (b) The Partnership Representative shall also have the authority to perform the following actions without the consent of any other Venturer or the Managing Venturer: To prepare and file all tax returns for the Joint Venture (but without any obligation hereunder to prepare or file the tax returns or other reports of the Venturers); and To make all tax elections for the Joint Venture including, without limitation, any special basis adjustments under Section 754 of the Code, provided that the Venturer requesting any Section 754 election must agree to reimburse the Joint Venture for any costs incurred by the Joint Venture in making the election or in maintaining or preparing any additional records or reports in connection with the election. V. NEW MEMBERS, RESTRICTIONS ON TRANSFER OF MEMBERSHIP INTERESTS AND OTHER MATTERS 5.1. Admission of Venturers. Except as expressly provided in Section 5.3, without first obtaining prior written Venturer Consent (which consent may be given or withheld in each Venturer's sole and absolute discretion), (i) no Venturer may voluntarily or involuntarily Transfer, or create or suffer to exist any Encumbrance against, all or any part of his record or beneficial interest in the Joint Venture, and (ii) no Person may be admitted to the Joint Venture as a Venturer. Except for withdrawals in connection with a Transfer of an interest in the Joint Venture permitted by this Agreement, no Venturer may withdraw from the Joint Venture without prior written Venturer Consent. 5.2. Procedure for Admission. (a) General. No Person will have title to any interest in the Joint Venture until he (i) has executed and delivered all documents deemed appropriate by the Managing Venturer to reflect his admission to the Joint Venture and his agreement to be bound by this Agreement and (ii) has paid all expenses connected with his admission. Any purported Transfer or Encumbrance will be ineffective until the Transferor and his Transferee furnish to the Joint Venture the instruments and assurances the Managing Venturer may request, including without limitation, if requested, an opinion of counsel satisfactory to the Managing Venturer that the interest in the Joint Venture being Transferred or Encumbered has been registered or is exempt from registration under the Securities Act and all applicable securities laws. (b) Effect of Transfers. Upon an effective Transfer of ownership of all or any part of a Venturer's interest in the Joint Venture, the Joint Venture will continue and, upon compliance with the provisions of this Section 5.2, the Transferee of the interest, if the Transferee is not already a Venturer of the same class, will be admitted to the Joint Venture as a Venturer of that 4852-7706-0570.v4 class or, if the Transferee is already a Venturer of the same class, will continue as a Venturer of that class with an additional Percentage Interest reflecting the Transfer. 5.3. Permitted Transfers. Upon compliance with the provisions of Section 5.2, any Venturer may Transfer all or any portion of his interest in the Joint Venture to a Permitted Transferee. VI. LIQUIDATION AND DISSOLUTION OF THE COMPANY 6.1. Dissolution Events. The Joint Venture will be dissolved upon the happening of any of the following events: (a) All or substantially all of the assets of the Joint Venture, including its Cash Items, are sold and/or distributed to the Venturers; (b) A document is signed by all Venturers which states their election to dissolve the Joint Venture; (c) The entry of a final judgment, order or decree of a court of competent jurisdiction adjudicating the Joint Venture to be bankrupt and the expiration without appeal of the period, if any, allowed by applicable law in which to appeal; or (d) the expiration of the term of the Joint Venture (as set forth in Section 1.6). 6.2. Method of Liquidation. (a) Generally. Upon the happening of any of the events specified in Section 6.1, the Managing Venturer, or in the event dissolution results from the withdrawal from the Joint Venture of the Managing Venturer, any liquidating trustee elected by Venturer Consent, will commence as promptly as practicable to wind up the Joint Venture's affairs as promptly as practicable, unless the Managing Venturer or the liquidating trustee (either, the "Liquidator") determine that an immediate liquidation of Joint Venture assets would cause undue loss to the Joint Venture, in which event the liquidation may be deferred for a time determined by the Liquidator to be appropriate. Assets of the Joint Venture may be liquidated or distributed in kind, as the Liquidator determines to be appropriate. The Venturers will continue to share Profits and Losses from operations during the period of liquidation in the manner set forth in Section 3.1, however, any distributions to Venturers will be made in accordance with this Section 6.2. The proceeds from liquidation of the Joint Venture will be applied in the following order of priority: to payment of the debts and satisfaction of the other obligations of the Joint Venture, excluding Residual Capital owing to Venturers and their Affiliates; to the establishment of any reserves deemed appropriate by the Liquidator for any liabilities or obligations of the Joint Venture, which reserves will be held for the purpose of paying liabilities or obligations and, at the expiration of a period the 4852-7706-0570.v4 Liquidator deems appropriate, will be distributed in the manner provided in Section 6.2(a)(iii); then to the Venturers as provided in Section 3.2. (b) Compliance with Treasury Regulations. It is the intent of the Venturers that the allocations provided in Section 3.1 result in the distributions required pursuant to Section 6.2(a) being in accordance with positive Capital Accounts as provided for in the Treasury Regulations under Code Section 704(b). However, if after giving hypothetical effect to the allocations required by Section 3.1, the Capital Accounts of the Venturers are in such ratios or balances that distributions pursuant to Section 6.2(a) would not be in accordance with the positive Capital Accounts of the Venturers as required by the Treasury Regulations under Code Section 704(b), such failure shall not affect or alter the distributions required by Section 6.2(a). Rather, the Partnership Representative will have the authority to make other allocations of Profit and Loss, or items of income, gain, loss or deduction among the Venturers which, to the extent possible, will result in the Capital Accounts of each Venturer having a balance prior to distribution equal to the amount of distributions to be received by such Venturer pursuant to Section 6.2(a). 6.3. Date of Termination. The Joint Venture will terminate when all of the cash and property available for application under Section 6.2 have been applied in accordance with Section 6.2. The establishment of any reserves in accordance with the provisions of Section 6.2(a)(ii) will not extend the term of the Joint Venture, but any reserve will be distributed in the manner provided in Section 6.2 upon expiration of the period established for the reserve. VII. MISCELLANEOUS 7.1. Fiscal Year. The fiscal year of the Joint Venture will end on December 31. 7.2. Records. The records of the Joint Venture will be maintained at the principal place of business of the Managing Venturer or at any other location selected by the Managing Venturer. Appropriate records in reasonable detail will be maintained to reflect income tax information for the Venturers. The Joint Venture will pay the expense of maintaining its records, including the share of the expenses of any Venturer or Affiliate allocated to it in accordance with such allocation policies as in effect from time to time for maintenance of Joint Venture records. Each Venturer may inspect and make copies of the records maintained by the Joint Venture during reasonable business hours and upon reasonable notice. Each Venturer, at his expense, may require an audit of the books of account maintained by the Joint Venture to be conducted by the independent accountants for the Joint Venture. 7.3. Reports. The Partnership Representative, at the expense of the Joint Venture, will cause to be prepared and distributed to each Venturer after the end of each fiscal year the annual income tax returns of the Joint Venture for the fiscal year. The Managing Venturer shall provide any and all reports requested by the Partnership Representative to assist in its preparation of such tax returns. 4852-7706-0570.v4 7.4. Method of Accounting. The Joint Venture records will be maintained, and its Profits and Losses will be accounted for, in accordance with the method of accounting adopted by the Managing Venturer. 7.5. Representations of the Venturers. Each Venturer represents and warrants to the Joint Venture and every other Venturer that (a) he is fully aware of, and is capable of bearing, the risks relating to an investment in the Joint Venture and can afford to sustain a total loss on such investment, (b) he understands his interest in the Joint Venture has not been registered under the Securities Act or the securities law of any jurisdiction in reliance upon exemptions contained in those laws, (c) he has acquired his interest in the Joint Venture for his own account, with the intention of holding the interest for investment purposes only and without any intention of participating directly or indirectly in any redistribution or resale of any portion of the interest in violation of the Securities Act or any applicable law prior to the effective date of this Agreement, (d) he has (i) been granted access to all information requested by the Venturer regarding the Construction Contract and all proposed Joint Venture activities with respect thereto including the financial aspects thereof, and (ii) had the opportunity to meet with, ask questions of and receive responses from representatives of the Joint Venture, and (e) he understands that there is no public market for his interest in the Joint Venture, that there is no present intent or likelihood that there will ever be such a public market, and that even if a market were to develop, the Venturer might never be able to transfer his interest in the Joint Venture, thus bearing the risk of his investment in the Joint Venture for a substantial period of time. 7.6. Notices. The Managing Venturer will notify the Venturers of any change in the name, principal or registered office or registered agent of the Joint Venture. Any notice or other communication required by this Agreement must be in writing. Notices and other communications will be deemed to have been given when delivered by hand or dispatched by telegraph, telex or other means of electronic facsimile transmission, or three business days after being deposited in the United States mail (registered or certified), postage prepaid, addressed to the Venturer to whom the notice is intended to be given at his address set forth on the signature pages of this Agreement or, in the case of the Joint Venture, to its principal place of business provided for in Section 1.3. A Person may change his notice address by notice in writing to the Joint Venture and to each other Venturer given under this Section 7.6. 7.7. Amendments; Waivers. No amendment of this Agreement will be valid or binding upon the Venturers, nor will any waiver of any term of this Agreement be effective, unless in writing and signed by all of the Venturers. Paragraphs 4.4(i) and 4.9 of this Agreement shall not be modified or amended without the written consent of Owner. 7.8. Binding Effect. Subject to Section 7.20, this Agreement will inure to the benefit of and will be binding upon the Venturers, their legal representatives, Permitted Transferees, heirs, administrators, successors and assigns. 7.9. Duplicate Originals. Any number of counterparts of this Agreement may be executed. Each counterpart will be deemed to be an original instrument and all counterparts taken together will constitute one agreement. 4852-7706-0570.v4 7.10. Construction. The titles of the Articles and Sections in this Agreement have been inserted as a matter of convenience of reference only and do not affect the meaning or construction of any of the provisions in this Agreement. 7.11. Governing Law; Jurisdiction. This Agreement is to be performed in Tarrant County, Texas and is governed by the laws of the State of Texas, without giving effect to the principles of conflict of laws. Each of the Venturers consents to binding arbitration as provided in Section 7.12 for any dispute among the Venturers arising out of matters related to this Agreement or the Joint Venture. Except as provided in the next sentence, each of the Venturers waives the right to commence an action in connection with this Agreement in any court and expressly agrees to be bound by the decision of the arbitrator determined in Section 7.12. The waiver in this Section 7.11 will not prevent any Venturer from commencing an action in any court for the sole purposes of enforcing the obligation of a Venturer to submit to binding arbitration or the enforcement of an award granted by arbitration herein. If any action, suit or other proceeding is instituted in court in accordance with the preceding sentence, the prevailing party shall recover from the non-prevailing party all of such party's costs and attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. "Prevailing party" shall mean the party entitled to recover his, her or its cost of such action, suit or proceeding, whether or not the suit proceeds to final judgment, and "attorneys' fees" shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorneys performing such services, and shall not be limited to "reasonable attorneys' fees" as defined by any statute or rule of court. 7.12. Dispute Resolution. (a) General. In the event of any dispute among the Venturers as to the interpretation of any provision of this Agreement or the rights and obligations of any Venturer hereunder, such dispute shall be resolved using the dispute resolution procedures herein. The Venturers shall continue their respective obligations hereunder notwithstanding the existence of a dispute. (b) Initial Meeting to Resolve Disputes. Any Venturer may from time to time call a special meeting for the resolution of disputes. Such meeting shall be held at location mutually agreed upon by the Venturers within five (5) working days of written request therefore, which request shall specify in reasonable detail the nature of the dispute. (c) Mediation. If the dispute has not been resolved within five (5) working days after the special meeting described in the preceding paragraph has been held, a mediator, mutually acceptable to the Venturers shall be appointed. The cost of the mediator shall be shared by the Venturers. (d) Litigation. Any controversy or dispute not resolved through non-binding mediation arising out of or relating to this Agreement and the Contract Documents, or any obligations hereunder or thereunder, shall be brought in a State or Federal Court of competent jurisdiction in Tarrant County, Texas. By executing and delivering this Agreement, the Venturers, irrevocably (i) accept generally and unconditionally the exclusive jurisdiction and 4852-7706-0570.v4 venue of these courts; (ii) waive any objections which such Party may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement or the Contract Document brought in the courts referred to in clause (i) above and hereby further irrevocably waive and agree not to plead or claim in any such court that such action or proceeding brought in any such court has been brought in an inconvenient forum; (iii) agree that service of all process in any such proceeding in any such court made be made by registered or certified mail, return receipt requested, to such Party at their respective addresses provided on the signature page of this Agreement; and (iv) agree that service as provided in clause (iii) above is sufficient to confer personal jurisdiction over such Party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect. The Parties hereto irrevocably waive the right to trial by jury in any action to enforce or interpret the provisions of this Agreement and the transactions contemplated hereby and thereby. 7.13. Other Instruments. The Venturers will execute other instruments and agreements that the Managing Venturer determines to be appropriate to carry out this Agreement or any provision of this Agreement. 7.14. Legal Construction. In case any one or more of the provisions contained in this Agreement for any reason is held to be invalid or unenforceable, the invalidity or unenforceability will not affect any other provision of this Agreement, which will be construed as if the invalid or unenforceable provision had not been contained in this Agreement and, in lieu of each invalid or unenforceable provision, there will be added automatically as a part of this Agreement a provision as similar in terms to the invalid or unenforceable provision as may be possible and be valid and enforceable. 7.15. Gender, Etc. Words used in this Agreement in any gender will be deemed to include the masculine, feminine or neuter gender; singular words will include the plural and plural words will include the singular; and the word "or" will be disjunctive but not necessarily exclusive, unless the context otherwise requires. 7.16. Involvement of the Joint Venture in Certain Proceedings. If any Venturer or any Affiliate of a Venturer becomes involved in legal proceedings unrelated to the business of the Joint Venture in which the Joint Venture is called upon to provide information, the Venturer will indemnify and hold harmless the Joint Venture against all costs and expenses, including without limitation fees and expenses of attorneys and other advisors, incurred by the Joint Venture in preparing or producing the required information or in resisting any request for production or obtaining a protective order limiting the availability of the information actually provided by the Joint Venture. 7.17. Waiver of Partition and Certain Other Rights; Nature of Interests in the Joint Venture. Each of the Venturers irrevocably waives any right or power that he might have: (a) To cause the Joint Venture or any of its assets to be partitioned; (b) To cause the appointment of a receiver for all or any portion of the assets of the Joint Venture; 4852-7706-0570.v4 (c) To compel any sale of all or any portion of the assets of the Joint Venture; and (d) To file a complaint, or to institute any proceeding at law or in equity, to cause the dissolution or liquidation of the Joint Venture. Each of the Venturers has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 7.17 and without those waivers no Venturer would have entered into this Agreement. No Venturer has any interest in specific Joint Venture property. The interests of all Venturers in the Joint Venture are personal property. 7.18. Venturer Approvals. Written approvals by Venturers may be given in lieu of a meeting of Venturers. A written approval may be in one or more instruments each of which may be signed by one or more Venturers. A written approval need not be signed by all Venturers or by all Venturers of the class of Venturers whose approval is required unless the approval of all Venturers or all Venturers of the class in question is required, but notice shall be given to all Venturers of action proposed to be taken by written action, or an approval given by written action. 7.19. Venturer Meetings. Meetings of Venturers or a class of Venturers may be held on such terms, and after such notice, as the Managing Venturer may establish. Notice of a meeting of Venturers must be given to all Venturers entitled to vote at the meeting at least five days before the date of the meeting. 7.20. Creditors Not Benefited. Nothing in this Agreement (including specifically Sections 2.2 and 2.5) is intended to benefit any creditor of (i) the Joint Venture or (ii) a Venturer. No creditor of the Joint Venture or a Venturer will be entitled to require the Managing Venturer to solicit or accept any loan or additional capital contribution for the Joint Venture or to enforce any right which the Joint Venture or any Venturer may have against a Venturer, whether arising under this Agreement or otherwise. VIII. DEFINED TERMS As used in this Agreement, the following terms will have the following meanings when used herein with initial capital letters: "AAA" means the American Arbitration Association and the office thereof located in or nearest to Fort Worth, Texas. "Act" means the Texas Business Organizations Code and any successor statute, as amended from time to time. "Adjusted Capital Account" means, with respect to a Venturer, such Venturer's Capital Account after (i) crediting to such Capital Account any amount which such Venturer is deemed to be obligated to restore pursuant to the penultimate sentence of Treasury Regulation Sections 1.704-2(g)(1) and 1.704-2(i)(5); (ii) crediting to such Capital Account any amount such Venturer is unconditionally obligated to contribute to the Joint Venture under Section 2.5 of this 4852-7706-0570.v4 Agreement or applicable law; and (iii) debiting to such Capital Account the items described in Treasury Regulations Sections 1.704-1(b)(2)(ii)(d)(4), (5), and (6). This definition of Adjusted Capital Account is intended to comply with the provisions of Treasury Regulations Section 1.704-1(b)(2)(ii)(d) and 1.704-2, and will be interpreted consistently with those provisions. "Adjusted Capital Account Deficit" means, with respect to a Venturer, the deficit balance, if any, in that Venturer's Adjusted Capital Account. "Affiliate" means (a) with respect to a Person who is an individual, a member of the Immediate Family of the individual, or any corporation, partnership or other legal entity controlled by such individual, (b) with respect to a Person who is a corporation, partnership or other legal entity (other than a trust), a beneficial owner of an equity interest in the corporation, partnership or other legal entity or member of the Immediate Family of such beneficial owner, or any corporation, partnership or other legal entity controlled by the corporation, partnership or other legal entity and (c) with respect to a Person who is a trust, the grantor or trustee of the trust. For purposes of this definition of Affiliate, control means the beneficial ownership of fifty percent or more of the voting securities or interests of a corporation, partnership or other entity or the ability to manage or direct the affairs of the corporation, partnership or other entity by contract or other manner. "Agreement" means this Joint Venture Agreement. "Capital Account" has the meaning assigned to it in Section 2.3(a). "Capital Contribution" means, with respect to any Venturer, the amount of money and the initial Gross Asset Value of any property (other than money) contributed to the Joint Venture with respect to the interest in the Joint Venture held by that Venturer. Any reference in this Agreement to the Capital Contribution of a Venturer will include a Capital Contribution made by any prior Venturer with respect to the Joint Venture interest of the Venturer. "Cash Items" means securities and cash and cash equivalent items. "Code" means the Internal Revenue Code of 1986, as amended from time to time. References to sections of the Code include successor provisions to those sections. "Construction Contract" has the meaning assigned to it in Section 3.2(b). "Depreciation" means, for each taxable year or other period, an amount equal to the depreciation, amortization or other cost recovery deduction allowable with respect to an asset for the year or other period, except that if the Gross Asset Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of the year or other period, Depreciation will be an amount which bears the same ratio to the beginning Gross Asset Value as the federal income tax depreciation, amortization or other cost recovery deduction for the year or other period bears to the beginning adjusted tax basis, provided that if the federal income tax depreciation, amortization, or other cost recovery deduction for the year or other period is zero, 4852-7706-0570.v4 Depreciation will be determined with reference to the beginning Gross Asset Value using any reasonable method selected by the Managing Venturer. "Encumbrance" means any lien, pledge, encumbrance, collateral assignment or hypothecation. "Gross Asset Value" means, with respect to any asset, the adjusted basis of the asset for federal income tax purposes, adjusted as provided in Section 2.6. "HUD" has the meaning assigned to it in Section 3.2(b). "Immediate Family" of an individual means (a) the individual's spouse, brothers, sisters, parents, children and grandchildren, and (b) the children and grandchildren of the individual's brothers and sisters. An adopted child will be treated as the child of his adoptive parent or parents if (but only if) he was adopted before he reached 21 years of age. "Indemnified Persons" has the meaning assigned to it in Section 4.4(i). "Joint Venture" means the joint venture formed under this Agreement. "Liquidator" has the meaning assigned to it in Section 6.2(a). "Losses" has the meaning assigned to it in "Profits and Losses." "Managing Venturer" means Block Builders, LLC, a Louisiana limited liability company. "Non-Profit" means Wind Terrace, Inc., a Texas nonprofit corporation. "Nonrecourse Deduction" has the meaning assigned to it in Treasury Regulations Section 1.704-2(c). "Nonrecourse Liability" has the meaning assigned to it in Treasury Regulations Section 1.704-2(b)(3). "Owner" has the meaning assigned to it in Section 3.2(b). "Partner Nonrecourse Debt" has the meaning assigned to it in Treasury Regulations Section 1.704-2(b)(4). "Partner Nonrecourse Debt Minimum Gain" has the meaning assigned to it in Treasury Regulations Section 1.704-2(i)(5). "Partner Nonrecourse Deductions" has the meaning assigned to it in Treasury Regulations Section 1.704-2(i)(2). "Partnership Minimum Gain" has the meaning assigned to it in Treasury Regulations Section 1.704-2(d). 4852-7706-0570.v4 "Partnership Representative" means Managing Venturer or its designee. "Percentage Interest" means the interest of a Venturer stated opposite the Venturer's name on the signature pages of this Agreement, expressed as a percentage of the whole. "Permitted Transferee" means, (a) with respect to a Venturer who is an individual, a member of the Immediate Family of the Venturer or a trust whose sole beneficiaries are members of the Immediate Family of the Venturer, (b) with respect to a Venturer that is a corporation, partnership or other entity (other than a trust), (i) an equity owner of the corporation, partnership or other legal entity, (ii) any entity wholly owned by the corporation, partnership or other legal entity, or (iii) any entity wholly owned by an equity owner of such corporation, partnership or other legal entity, (c) with respect to a Venturer that is a trust, any member of the Immediate Family of the grantor of the trust, (d) any Venturer, and (e) any Transferee approved by Venturer Consent. "Person" means an individual or an entity including any Venturer or Affiliate. "Profits" and "Losses" mean, for each taxable year or other period, an amount equal to the Joint Venture's taxable income or loss for the year or other period, determined in accordance with Section 703(a) of the Code (including all items of income, gain, loss or deduction required to be stated separately under Section 703(a)(1) of the Code), with the following adjustments: (a) Any income of the Joint Venture that is exempt from federal income tax and not otherwise taken into account in computing Profits or Losses will be added to taxable income or loss; (b) Any expenditures of the Joint Venture described in Code Section 705(a)(2)(B) or treated as Section 705(a)(2)(B) expenditures under Treasury Regulations Section 1.704- 1(b)(2)(iv)(i), and not otherwise taken into account in computing Profits or Losses, will be subtracted from taxable income or loss; (c) Gain or loss resulting from any disposition of Joint Venture property with respect to which gain or loss is recognized for federal income tax purposes will be computed by reference to the Gross Asset Value of the property, notwithstanding that the adjusted tax basis of the property differs from its Gross Asset Value; (d) In lieu of depreciation, amortization and other cost recovery deductions taken into account in computing taxable income or loss, there will be taken into account Depreciation for the taxable year or other period; (e) Any items which are specially allocated under Section 3.1(c) or 3.1(d) will not affect calculations of Profits or Losses; and (f) If the Gross Asset Value of any Joint Venture asset is adjusted under Section 2.6(b) or 2.6(c), the adjustment will be taken into account as gain or loss from disposition of the asset for purposes of computing Profits or Losses. "Project" has the meaning assigned to it in Section 3.2(b). 4852-7706-0570.v4 "Property" has the meaning assigned to it in Section 3.2(b). "Proportionate Share" means a Venturer's share of an item, based upon the Percentage Interest of that Venturer as compared to the Percentage Interests of all Venturers entitled to share in the item. "Regulatory Allocations" has the meaning assigned to it in Section 3.1(d). "Residual Capital" means any unreturned Capital Contribution which has not been distributed to a Venturer. "Securities Act" means the Securities Act of 1933, as amended. “Site” means the real property on which the Project is located. "Special Distributions" means any amount distributed to the Managing Venturer pursuant to Section 3.2(b). "Structuring Fee" has the meaning assigned to it in Section 3.2(c). "Subject Year" has the meaning assigned to it in Section 3.1(c)(ix). "Supervision Fee" has the meaning assigned to it in Section 3.2(b). "Transfer" means sell, assign, transfer, lease or otherwise dispose of property, including, without limitation, an interest in the Joint Venture. "Venturer" means any Person identified as a Venturer on the signature pages of this Agreement. "Venturer Consent" means the unanimous consent of Venturers holding all of the Percentage Interests held by Venturers. [Signatures on the following page] SIGNATURE PAGES Initial Capital Contribution Initinl Percentage InterestVENTURERS Wind Teu'ace, fnc., a Texas nonprofit corporation Title: Address 1201 East 13tl'street Fort Worth, Texas 76102 Block Builders, LLC, a Louisiana lirnited liability company Nanre: Jason E. I(eller Title: Managing Mernber' Address: 619 Jefferson Flighway, Suite 2G Baton Rouge, LA 70806 Total $ 990.00 99% $10.00 t% $1J00-00 100,00% By 4852-'1706-0570.v4 BL4CK WT C�WAN PLAGE GC JO�TT VENTURE 619 Jeffe�-son Highwa�, Suite ?G Baton Rouge, �.ouisiana 70�OG PHONE: (22�� 930-99�t1 FAX: (225� 930-9915 SIIBCOI�TRACT 1'his AGREEMENT is made this on Septeinber 2Uth, 2U21 by and betrveen Bluek WT Cowaa Ptace GC Joint Venture (hereinafte� re�crred to as "Contractor"} and Rumsey Site CoRs�uctIon, LLC, 4329 Rceder prive, Carrailton, TX 75fl10 {hcreinafter r�cc�rred to as "Suhcor�traetor"). l.Pif�a.��.��:3 WHEitEAS , Contractor has �eretofnre entered into a eontract or witl enter into ��ontract, hereiriafter ref�erred to as #he "Contr�et", and t�at certain 3ectian UO 52 43 �,greement , hereinafter referred to as tt►e "S�ctean Agreement" wiCh FW Cowan Place LP,1201 E. 13'h Street, �'art �orth, TX 761002, I�ereinaft�r referred to �s "Owner", and the Owner and the City of Fort Worth Owner and �he Citv of Fort Worth have here#offlre executed a Conat�riunity Faei�ities Agreemen[ (C�'A N�mber CFA21-0449) the "CFA" to perfarm certain labor and fur�ish certain rnaterials in connecti�an wiCh carthwork and paving improvements to serve C�►r�an Pl�ce—Fort V�ortb, T�zas {hereinsfter referred �o as the "Project") according W p[ans �d speeifieations prepared by i�imky Flora, hereiri� re€etfed to as °Archikaet", w3�ich Cantract, Section Agreement, and CFA �rsd any addenda thereto and ail of which pl�ns and specifications and atty drawings or addrtions thereto are hereby ineorpor.tted wiEhin and tnade a��tof this Subc:ontract, aed are hereatier collectively referred to as the "Cantraet �pcuments", and VJHEREAS, the parties hereto desire to coniract with reference !o a part of ttie woek performed under the Contract Docwments NOW, TF�EREFORE, for and in cor�sitkration of d�e pre�tises, and the ob4igations eonta�ned kerein, it is agreed as follows: 5ubcontractor covenanEs and agrees to fumisE� aEi labor, materiai, equ�pEnent, services; and supplies m oider Co perfwm the paving, water �d sewer improvernants to serve she Project, in �ccordance with the following F.xhibits attache� hereto �d made a part of this Agree�rc: "Exhibit A— Contract DoeumenEs" {to be an file �i ConFractor's office) "Eachibit B— lasurance Reqttitaetttents and Certi%caEe" "Exhibii C—App}ication far Payment" "Exhibit f) — Project 5che�ule" "Exitibit E — 5cope of Wosk" "Exhibit F— 3 Weelc L.00k Ahead 5chedule Form" "ExhibiE G— Request for Taxpayer Iiientifieation Nusrtber a�dCertif cation" "Exhibet H — Suhcnntractar Safety Reqniremenis" "Exh'xhit I — SubSu.boontractorlVer�dor/8upp}ierList "Exhibit J— Project Specif c Doc�mencs" "Exhibit Z — Suboontract Mod�ficafions" 09/21/2021 ET.ECI'RQN1C SIG1riATiIRES: THE �AItTIES FIEItEBY A�REE TkIAT T'E�I5 SUBCONTitAGT AND ANY AMENDMENfS, ADIiE1VDfJM (TR CRANGES TiiEItE11`O 1VIAX #3� EXECU'!'ED BY PRO'VIEiING AN ELECI'�tOIVIC SiG1VATUI�E iJNDER THE TERMS OF'CI�� I.ECTRO1�fIC SIGhA'I'CJItE5 ACT,15 U�.C. SS 76fl1, ET,SE¢., AND/OR THE TF.XA5 iTNIFO�M ELEC7RONIC TRANSAC�'IONS AC7', § 43:Ofl1, ET SEQ., AiVD MAY PiQT BE DEIYIED i.EGAL EFFECT S�LEiY BECAUSE IT IS iN EI.,ECTRO�C FdITM. �ffective Date: This Subcontraci shall become eti'ective �ve (� days after date of the execution af Llte Cantraet Documents, as de�ned hereia, by and beiween B�ock iNT Cowan P1ate GC Joint Venture and Owner. F[T�,LT1' EXECUTED S[JBC(3AITRACi' tS D�E BACK WITHIN FNE (5} �l1SINES5 DAYS FRUM itECEIPT, A1rID BLOCK RESERVES THE RTG�IT TO RESCI�D ITS OFFER TO C�ii�iTRACT I�' N()T RETURNED BY Ti�E S'CATED AEAilLINE, COlY7`RACTOR 8I3ALI. IiAVE N� OBLIGATION "�0 S[TBCOIV7'itACl'OTi A�fb INVOICES WTi,i. NOT BE APPROVED FdR PAYM�NP UNTIL i'I#E ACCEPTANCE COPX OF 7'H13 AGBEEMEPV7' IS EX.�CUTE�7 BX'�'I�E SUBCOIV'I'RACTQIt A1VIIf RE1'URI�iED TO CONTRACT�R. 3ob No. Subcontract No. GENEI2A,L COiYI?ITIOIYS AR'i'ICLE 1— CONiRAC"I' DQCEJMENTS l.d The tertn "Con�act Documents" means Che Subcontract a�d thc Contract between ti�e Chvner and the Contractor and its generai conditions, supplem�tary genera[ condi4ions �nd special condifio�s, �11 exp€�ess warrani�es, �11 drawings, specificaticros, addenda �nti o#her changes issued priat to �re 5ubcontract Date �nd al1 modifcatio�s issued subsequent to �e �ubaor�tractD�te with resgect ta the scope of worksgecificaily desuribed in this Subcot�traet as the work to be perFormed by Subcontractor. The Sabcontractor's right io payment is exdusiveJy govemed 6y this 5ubcontract irrespecti�e af any provisions relating � such rights in any other Con#ract IJacurneart 1.2 Su[,contractar has rexd and is thorovghly familiar with the CaaiEract T7oct�ments and agrees to be.bound to ConEractor by the same sEandards for perfom�ance as are sef fo�th iQ the Contract Documents which relase to Che conswction services Subcantractor has agreed to provide, as descrihed more fully m E�chibit E — Description of Work. SubcontracEor shall pravide supervision for al] phases of the work Subcontractor and �ny of its subce�tractors perform at its reyuesE En accordance rvith residential 6uilding industry standards. S�trcontractor shall :c�use the warieperformed hy or on beha�f af 3u6contraccoe [o be performed in reasonable accordaooe with any applicabie perforniance standards as set fortki in tE�e Contract Dncumerns. A�y qaes#ions regazd�r►g the appIicability of a perforrnae�ce standard sek forEt� in the Contract Documents shall be consu�ed in Contractor's favor in ihe event v�+ detennination rega�ding contract i�terpre�tioxi should aris�e in any IegaE groceeding inciucEing co�rt and arbiitation. 1.3 '£he wnrk W be per%rmed by Subcamractor pursu�ni hereto wilt be carrieQ out in sh-ict comp3i�nce herewitM and in a�cordance with the Contract Documents, incozporated hercin by reference and ideEtitified as Exhi6it "A". In the performas�ce af ifs wo�1c hereunder, Subcontractor shall act only upon the direc#ian of Contractor which shali be fin�ll and binding upo� Subcontractxir: Coyies of the Contract I?ocurnents will be on 51e at the office of Contractor and will be avaiiabie €or inspection by Subeontractor or any af its employees or authotized representatives at stt reasoaable times. AItTICtiE 2 — WDEMiVTt`Y 2.1 To ct�e fullest extent permitted by law, the subr,c�ntractor expressEy egrees io defend (at subcantractar's expense and with coiensel se9ected by the Con��ctorj, indemnify, and ho[d harm€ess Owner, Contractor, Architact, City of Fort Warth �nd any uther parties which contractor has agreed to indemnify in tke �onvact documents, and their respective officers, dixeciars, shareholders, employees, agents, successors, affiliates �nd assigns (�ereinafter referred to coTlectivoty as the "Indemnitecs"), froen and against any aad a!1 claims, suits, hosses, causes of action, dar�ages, Eiabi3ities, fines; penalties and expenses ("claim'� of any kind whatsoe�er, i�cludi�g without iimitaCion, �t1 expenses of litigaEion ar►d arbitration, court costs, a�nd attvmey's £ees, arising on accour�t of or in connection with injuries to or the death of any person, ar any and all damages to propexty, inefuding loss o€use, regardless of possessic,n or awnership. Subcontractor's dvty to defend unda the Subwntract sha13 arise at suc� time as it t�ecomes roason�bly apparent that a claim has been filed or m�y be Filed �gainst ContractoE and is not dependent upon ihe filing of a formai leg�l aetian ar iequest for arbitration. Sabsontractor's duty to defend pnay be triggered by the issuance nf a Rcidential ConsWetion Liability Act notice;.fhe f�ling ofa t�wsu+t; Sn 8pp[ication to wmmence arbiYration; the delivery nf a settlernerst demand; or by ar►y other e�idence frt�m whioh � reasunable mind could anticipate iitigation. 3'his defense �nd indernnity provision epplies to all injuries, death, or da�nages arising frorn> or in �ny manner connected with, the work performecl by or for tMe 5ubcoR#rsctor's acoount ander this S�r6cmitract, ar caused in whale or in part 6y reasort of tl�e acts or omissions or presence af the perSon or property of the Suhcontractnr on the job siie or any.vf its ernployees, agents, representatives, subcontractors, or sappliers, incfudieg wiChouE IimitatioM, bodily injnry, deaEh, or property damage which arise from or tn connec�ion with, or are caused by, any act, enoe, omission, strict liabiiity or Regtigencs of any indemnitee. The foregoing defense �nd i�demnity provision dves not cover injuries, death, or property ciamage caused by the soie negligence af any indemnitee, 7'he defense and indemr►ification obligations under this Subconriacx shatl noi be Eimited in any way hy any limitat�an on the amount oc rype of damages, compensaY'ion, or henefits payable by ar for t�e SubcoQuactor under worker's or workman's cc>mpensation acts, disability benefit acts, ar ocher employee henefits acrs, and shail cxtend to and include any �ctioras �rought by or in the name of iusy employee of the Snbcontractor or of �uy Ehird parry to whum SubcoMractar may sutr}eE a part of thc woek. 2.2 ThEs pFovision shall ebntinue in force af►d shaiI snrvive the eompjeti� of�enminat�ion af �is S�beontraeG 2.3 Subcontractor herehy specifically ac[�owiedges and agrees to the additional iridemnifieatiun yrovisior�s �numer�ted in Exhi6it J a�ached hereto arad incocporated herein. AR'['ICLE 3 — [NSURANCE 3.! The 3ubcontr�ctor agrees to provide the fpllowing insurance, with insurance aompac�ies satisfactory to Contractor, tvfd warrants that the rsquirements shall be satisfied throughout the term of this Sui�contract and �or a period of rivelve (12) months thereafter, e�ccept as set forth .below, 3.i.1 T'he "Indemnitees," as def�ncd in AiticIe 2, shall be Eistesf as additional inst�retls on fhe ComrrieiciaE Cretteral Liabilityattd ,".�tWmobile Liability inswance policies EhaE the Snl3contractor musE mai� undor this Subcontract as staicd below. These ppliciCs shaTl be endorsed to provide that the coverage shall 6e pr�rnary and nonwntrib�tory over any other inst�rance rnaintained by Contractor, 3.12 Tha SubconYractor shall maintain, t}u-oughout tt�e term of this 5ubcontract azrd eai"til the expiratio�► of iwelve (12) months thereafter, insurance po[icies that provide coverage for commeraial general Eiabil'ety, bro�d form cantraetuaf liahil ity, p�ersonal injury, aduertising injury, product5 liability and complated opetetions, premises and oper�tions, worfcer's compe�rsatian, empfoyer's tiabiliEy, and �utomobsle liability; exeept p�ucts 9iability/�Ieted opesaiio�s shall be maim�ned fora period of six {6) years after expiration of t}iis Sabcontract. 3.13 The coverage for t�e insurance }istei� above shail be, with the limits not less than �Imse set out in Exhibit B ar those req�ired by the Cotrtr�ct Documents for subcontractnrs, whiehever is gresfer. 3.1.4 Coatractor's Insur�nce Requirements are listed in F.�cl�ibit B of [he �tract documents. A Certificate of inswrance which dces not include the coverages and iimits as detailed in E�ibir B wil16e cortsidered defioient Our �cceptarfce of a def ciem Certiftcate does nat constitu[e a waiver. 3.2 Notice of Cancellation nr Change. If �y ir►surarice covernge required above is ar is fo be caneefed or aF�enged in any way so as not to satisfq Ehe requireenents above, Subco�trdctor sha!! pravide, and SuUcorttracmr sh�I[ require its insurer to provide,: potice in writing to the Contracwr and its �gents thirty (30} iiays in advanee af the cariceTlatiot� or change. 33 Proof of Insnrance. The Subcon�ractor shalt firrnish to the Contractor proof of the exisiencs af the ins�rxnce cuveiages and E9mits xequired above upon execution of tttis s�bcontract, and that proofshall be a certifrcate af insurance fnrm s�tisfactory to the Conuacforand a copy of the pelicy and any applirable endotsements and riders. Failure to provide satisfactory proof sha11 give the Contrae6ur ihe absolute rigl3E to dernand speciffe performance and/or terminate EhiS Agreemetlt. CDntractor shall Etave dlC Tlght, but not the obl�atiQn, to prahibit Strbeotii�cior or any sub-subeontractar �i'om entering the Project site until such certificates or orher evidertce that insurance has been �faced 'en fi�[l compli�nce with these requirea�enEs is received and approved by Conuactor. Failare to rnaintain�Fhe rey[tired'en�vramce:maq resuk�'tn terminatian pfthis Agreement at ContraMar's uption. Should Su6a�ntiac[or fail #q maintain the insurance as set forih herein, Cantracior shall have the right, hut not the oh]igation, � purchase said insurance at Subeonlractor's expense. 3.4 Sub-svbcontractor's Insursoce. Subcontraetor sha[! cause esch sub-s�bconhacfnr empioyediassigned work co by Subcontractor to purchase ar�d maintain insura�ce of the iype coverages and �vith tAe same l imits as specified above,a�d ii� aceordanioe with E�cTiibit "B„ at�achcd hereto and inaorporated by reference. 5vbeeniractor m�,st pmvide eontra�:tor wi�i► a c�rt�f�cate o# insur�ce evid�ncings�ch eoverage fnr each sub-subcontractor, lf these cert€f cates of i�tsurance. are nat peovided to ContracEor beforc tha sub-subccontractar commerrces work, fhen Contractor fitas the riglst to terminate Subca�tor for breach of this provision. 5e�bcontractor's obtaining of the insurance requieed he�ein shall in no m�nner lessen or affect Suhcoutrec#or's obligations �s set forth in Article 3.t hereof, ar in any of the other provisions ofthis 5ubcontraet 3.5 No Waiver. Subcontractor agrees that no act or omission by the Conttactor shall act as a rvaiver of the required insurance coverage iz� the required limits. 3.6 No Sabragatian. The workers com�nsatian, carnprehensive general liability and automobile liabilrty policies shaii be endarsed �hai the ins�r witi have no right of subragation against the Contractor. 3.7 Indemniry ObIigations Not Affected. Subcontractor's obtaining ar faiEure �o obtain the required insurance shal} in no rvay relieve the Subwntractar ftorti i�s indemnity obligations hereunder. Further, ihe Subcantractor's endemnity ohligations shall extend io the fuU amount af any damage, loss or 1 iatrility described in the indemniry provisSons of this Agreement, and the 5ubcontractor's indemn�ty obligations shaEl not be limited to the amons►t of insur�nce obtained or required. 3_8 1'roperty [nsursace Provided iry Subcontractor. Unless othenvise ptnvided, St�contractor shall pmyide its own property insuxance or similar fire and exte�rtded coverage or equipmern #loater insurance ta protect S�bcontracEar's own inte�est ir� tise work, tools and ecEuipment. Such insurance coverage shall be at Suhcun�ractor's own eacpense at3d Contractor shalt be under no obligation to %mist► such insurance eoverage ar protectibn. Suheontractor shall waive subrogatian against Contractar, flwner, tha Architect artd �ny aEher party in whvse favor Contraetor is reqaired to wai�e subrogation in the Cvntract Documerrts, whether such property is insured oi not. 3.9 Property Insurance Prpvided by Contractor or Owner. In the event the Contract Documents reyuire Owner or Contractor tD provide properiy insuraREe or similar fire and extencEed coverage appliea6le to Subennu�acwr's wor[c, 3ubcootrac#or sha11 be responsible for a�y deductiblc applicahie io its work ander this Sobcoetract. Suhcontractor shal] and does hereby waive suhrogation againsi Contractot, Chvner, the Architect, and any other party in whose fa�or Contractor is required to waiva su6rogation 'sn the Co�tract Documents, whether s�,ah property is insured or r�otl 3.1 Q In accordance with Exhibit B, lt is an a6solute requirement that the Sub Contraator and �ny lotver Tier Sub-Subcontractc�r , shati provide "Primary, 3A" Workers Compensation �overage in the 5t�e where the joh is 6ei�g perFormed. 1'his is to be documented by listing the Scate, where tMe work i to be performed, specifiosliy in Ttem "3A" of the Sub Contrattors Workers Co�pe�sation poli�}+. Listing the Siate in itet[t "3G" oniy wiil no# be in compliance, wi#h f[�e "3A" requirement ARTICLE 4— CODES, E,AWS, AfYB R�GULATI�NS A.1 Subconcractor shalt aomply with a[i federal, statc, and muniaipal laws, codes, regulations, atrd ordinances effective where the work hereunder is to be perfnrmed, and will pay all ta�ces and conYribution in�posed or required by any kaw for any employment insurance, unemployment iasurance, pensions, o!d age retirernent funds, or similar purposes, and ali contributians or oFher charges to and for tu�iorrweEfare or other funds, with res�et to tl►e work performed hereunder, a�td with regard tb fhe employces of Suhcontr8tt4r t�lcing pert ir� the pCrformsnC€ Of suc� work. 4.2 Subconuacsor accepts excEusive Fiability for all taxes and conuibwtro�s eequired of Con#racior or 5ubcontr�,tor by the Pederal Social SecuriEy Act and az�y unemployment compensatian law or similar law af any sEafc, with respe�t to the empEoyecs of Su6contractor taking psrt in th�e perfotmance of the work hereundsr and agrees to furnish Cantractor wifh sui#xble wri€ten evidence th�t Subcontra�tor has disicha€ged such liability. If Subconuaetor faifs to furnish such evidence, Coritractar may, at its option, pay or reserve .for payment said ta�ces and contributions �d deduct ilze amonnt so paid ar reservecE from payments due or to 6ecome due Subconuactar hereunder, or 5ubcontrac#or.or it� surety will reimbutse Co�itracEv� for suci� expenditures. 4.3 Subcontractor agrees to pay all sales or use taxes and �il ather fedeEa3, state, or Iocal taxes and any penalties ur additio�ai aharges of any natEue in connecdion therewith appEicab[e in arry way to tlze work peti'onned or the materiais or equipment useri by Subcontractor in e0nnection therewith, regardless of the person upan whom such ta�c is levied. In the event Suboontractor dces not make such payment, Cantractqr Enay make the pay.[nent and deduct the atttounts thereof frorEt any sums due ar to bacome dae Subcontracwr or iis surety will reimburse Cantrac#nr for such expenditures, 4.4 5ubcantracdor sha11 secure and pay for any and aii fees, permiu, or licenses roguired for the prosecution o#" its worf� hereunder. 4.5 Su6eontraetor agrees to defend, indemnify, �nd hoid Contraetar �Sarmless fco� any costs, c}aims, or ]iability �vith respect to any uf the charges or contributions mentioned in this Article, or any penaltie5 or other charges in connectivn thete�vith. 4.6 Contractor requires a drug and a[oohal-iree work environment for all personnel. No a[eohol, drrags, or firearms are aliowed an t3ie jobsite before, d�cring or �fter work hnurs. SubcQntractoc sha[I be responsibk far safety of its operations end its employ€es and shai] take atl reasonable sa€ety precautions with respecc fo its Worfc. Suhconiractor shail co�nply wit#r atl safeiy policies and prceedures ini�iated by Contractor for the Project, rncl�ding Contractor's policy regarding dnegs, a�cohol and controiied substances, and shai'I oornpiy with all applicable laws, ordinanoes, rules, regutatioMs and orders af ariy pubiic authority for che safety of persons or property, iricludiRg, beet not limited Eo, Che Federal Occupationa! S�Fet3+ and Healtt► Act {03HA). Subcantracwr sh�ll immediatefy notify Contractor of any injvry to any qf the Svbcontractor's employees. 5ubcantractor shal] rey�iire its personnel to attend any sa#'ety meetings the Coniractor migEzt wnduct and diiect S�cbco�tractor m�ttend. 4.7 Subcontractor agrees that in performing its Worlc, it wiil not create, use or dispose of ariy hazardous chemicals or substances 'tn an unlawfu[ or hazardons manner and sha11 be soleiy respansible fvr the fawful, groper anil safe hand[ing, storege and removal of all hazardous wvaste, chemicals arEd substances which are irnroduced ko the site, or removad from the site, by Subcontractor's operacions. The term "haaardous waste, chemicals or substances" s�al[ mean those materials artd substances prohibited, prosoribed, or the use of which is centrollcd by any agency ofthe feckeral go�emment or the appGcable state or local agency har+ing �ut'tsdiction of such matters. Subcontractor sf�a[E eomply with ali feileral, state and local .regulations dexling rritl► the use, storage or disposal of ail hazardous waste, chemicals and se�65tances. Sabcontractor shall be r�sponsible for any and al1 elaims �d darnages res�tlting &om the use, handling, siarage, removal and �fisposai of sueh ha�rdoas waste, chemic�ls ur substances frorn the Prajeet; and witt defend snd t�old ConiracEor harmless from any �nd sll liabikity associated with such use, handling, s[orage, tiemaval �td disposal 'tncluding eil assoeiated attomeys' fees and cosu and costs of a31 clean up operations wheeever an3 whenever required by any govemmental authoriry. AI2TICLE 5— Si3Bi41IT1'ALS rLND GUARAAITIES 5.1 Subcontraetar shall fumish within a reasona6ie time prior to dtie same are requirecE under the Cortcra¢t, al t submittxls, such as samples, lists, drawings, cuts, and schedules whicfi are required in cannecTion with its work hereunder. Appro�al of the samc sieall not relieve Subcontxactnr of its responsibility for complying with the requi�ements of ttze Contractt Docaments. 5,2 Subcantractor shall fumish a31 items such as equ'rpment guazanEees, werranties, bonds, operating manual5, and ins�uetions i+equired by fhe ContracE Documents. far ti�e work to be perfnrrned hereunder. 5.3 No payment under this Subcontra# shall be oonsmted to be an acceptattoe of woric or �naterials whi�h are defective nr fa'tl to confarm to the requirernenis of the Contract Documertts. 5.4 SubconEractor guuantees that ihe �vork shall be free &om defects and shal! confoim to acttl zneet the requireme�is of the Contrac# �d the Contract Documents, and shaIf fiFrnish a�+ sepnratc guarantee for the worlc, or portions theree� requirt.el under the Contract or Contfact Documenis. Suboontractor agrees to make, remove, replace, repair, to Ehe satisfaction af tho C3wncr, at�y portion ar purtions uf �e work which prova defe�ive within one (i ) year (or such longer period as may ix specified in t�e Contract I3ac�cmeats) irom the date of acceptance of the Pmject by Owner pmvided, however, that this obligation sha�l in no respect diminish the duratlon of the afoiesaid wair�nty which shalI exist for the longest periad provided by law, ar exclude other warraniies provided by law or tha Contract i7ocumen#s. Ai2TiCI,E 6 — ROI�'DS Block Project iVianag�r to circ�e t6e appropriste box Yes cequired 6.1 Clnless waived in writing by Contractor, Subcomractor shall �rrange fur and furnish, at Subeomsactor's soie cost ai�d expense, separate performance and payments bonds, each fnr the full aimou►�t nf th�s Subcont€act. The origina! bnnds writh po�er, signed, dated and sealed ("ihe Bonds"} must be delivered to the Concractar �rior tv the expiration o#' frve {5} business days aftor ihis Subcantract is execubed or the day Subcontractoe is requi.reQ to commence work hereunder, whichevee occurs first. Tha nvn Bonds sE�all be drawn in favor of the Contrac#or end shalf be e�cecuted by a s�rety comp�ny on the T-i,ist CircuEar 570 accepr�ble ta the Con#ractor (ir� its so[e disetetion) $nd an forms �wnished by or approved by+ tfie Contractor. If #he Honds are not provided in accordsnce with this Article b, Ehen the Co�tractor sha�l haue the right to ferminate this Subcontract and no payment whatsoever shall be due the Subcontractor under tt�is Subcontract, whether or not any woric has 6een perfarmed or any materials ha�e been ordered or purchased. G.2 Na change, �iteration, or modrFication in tha terms and wnditions of the Subcontractor, or in #he terms or ma�er of paymenE shall in any way exon�rate or release, in whole or in part, any s�rety on any band fumishad by or on behalf of the Subcontractor. 6.3 The cast of the 6onds is included in the Suhcontract A�xoant, stated efservhere ijerem. Any ttlditi�ns to this Sub�ntract occasioned by Change Orders wil! include �ny additio�al bond premitans. 6.4 Notwithstandir�g Contracwr's acceptance nf 6ands from a parhicular su€ety, if thaS sur�tY becomes subje.ct t su.pervision, reeeivership, or liquidation pzaceed3ngs in arry sffite, then in sueh event, Suboan�actar may, at Cont�actor's option, be rec�ired ta post new swety:bonds rvritten by arEother suret3r acoeptable to Cnntractor at no additional cosE to Contractor. ARTICLE 7—DIS�UT� �tESOLIJT301V 7.1 5houfd any claim, dispute ar other matters in question arise between Contracfior and Sabcontractor cnncerning any matter involvin� or arisiag out of this Subcontract, the folfowing procedures shal! �pply: 7.l.1 The disputs or con#mversy shall be submitied by one party tv the other in wri#ing. 7. i.2 The pazties sha�1 make a good faith attempt ta setHe such c#ispute. 7.13 If such dispute cannvt be seitled between the gsrcies then the writfierE orders or directior�s of Cantractor shaEl be fol.Eawed by Subcor�iraccor or without waiver af Subcontractor's claims, dispubes ar demanris resulting from foliowing Contractor's ardet or directions. 7.1.4 The parties a�ree that �11 clsims, disputes, or other rnaE[ers in question w's!l be arhitrated, ef Co�tracsor, in iis s�l�.discretion, decides to suhmit the cl�im, dispute, or other matter in qttestion to arhiEeation, wrhich deeision sMall be final arrd binding ott Subcontr�ctor. A[l arbitration shall be conducted in accordance with the Cortstruction Industry [tules ot't}ae American Arbitcation Association ihen obtainiag and the award rendered by the arbitrators shal l be fin�l and binding as to any decision on any quessions of fact and ruelgment upon the award hy the arbitrators may he entered by any courk F�a�ingjurisdiction. Tt�e parties agree thaE, in Contractor's sola discsetion, Contractor may elecrta obtain � reasa�ed award from the arbitrator(s), who sE�all be required to staie in a writte�► opinion thc facEs and concl�sions of law rel ied �an to supgor[ the decision rendered. In the event that Contractar elects to eacercise the €oregaiflg optiqn, the arkifrator(s} wiii not have the authoriry ar power to (i) render a decision wt�ich contains a rer+ersibte error of state or fedoral iaw, or (ii) to applp a�cause of accion or remedy not e�cpressly provided far undsr e�sting state or federal iaw. '£he parties express#y agrce that if the arbitracor(s) issues an award iri excess of tha powers as provided hercin, that award may be sub,jeet tn pareial vac�ture as to ihe portio�s af �e award that eonta�n a reversibEe error af s#ate or federal law or rvhich include a eause of action or remedy not expiessly provided for u�derexisting state nr federat taw_ Cl�iims €�elating to ti►e Owner shalt be resolved �n fhe manner provided in the Ca�tract Documents for claims againsc the dwnar. 7.1.5 In the �vent Cos�tracior must hring siiit against Subcontractor W enforce tteis �greement or in the event Contractor must deFend itseYf against any claims by Subcontrsetor that Cantractar breached t�is agreement that are to be decic�d by court �ction or arbitration and Contractor is the prevailing psrry pursuant to the criteria set forth hereafter, Subcontractor shall be]ia61e to Contractvr for reasonabie attorneys' fees and �penses, inc[uding t13e retention of expeet wiinesses, as well as costs of court or arbiGration. Cont�'actor shall he hetd ti�e prevailing party: (i) as to each claim or counter-claim for which it obtains a take-nafhing judgment or award; (ij as to each claim or co�ter-claim awarcled against ik for a sum that is cqual to or less than the amouni Contractor offerrAi to pay in settlement of that claim or counter-ciaim, exciusive of attameys' fees; (iii) as to each claim or ooeu�ter-clairn for non-monetary rclief upon which the court or �hi��tor(s) find in ConVactor's favor, and (iv) in eircurrfstances in which multiple c�uses of action are at issue that cannat be severed for Nie pa�oses af attributing attorneys' fees and in which Cantractar prevai}s on.the main issue(s), as evidenced by the dispttted facts most heavily Eitigated prior to and through the trial or arbitracion hearing as ideniif�ed by the parties. }n the event t�e gaities are unable to agrce as #o what consrit�ites the maia issue(s), then � ee6uttat�le presumpcion sh�!! azise in favor af Contractor's in�cpretatinr� of rvhat cons�tif�ites the mair► issue{s). The pai#ies agree Shat the power of mi arbi�ffior(s) to identify what constitutes the main issue(s) is 1imi�ed to �ither ihe main issae(s} i�entified by agreernent or s�ch issue(s) as identit"�ed by Contractor, subjacE to a shvwing tha# the re6uttable pres�mptiort in favor ef Contraetor's interpreration shouid be overcome. 7.i.G The agreement to arhiErate set forth above sh�il be speciirc�lly enforceabla under the pxevai�9ng arbitration law. �he venae of ac�y suit or arbitration for acty breach of this P.greement is here6y agreetl � be in Harris Cotu�ty, Tax�s. 72 Lharing the pendenvy of any dispute under this SubconErac� whe�ter it involves the Owner or onEy the Ccrn�actor, Su6cotetractor s6ait eontin�e worl:ing (unless th.is 3ubcontract has been terminated hy ConhacWr) and will proceed on any dis�u#ed items of work witl►oat waiving i#s claims. ATZ'1'ICLE � --:SCHEDULE $.1 Compie�ion ofthe work and its several parts within the time allotted or reasoaably contemptated under the Contract is of the essence of this 5ubcontract Therefore, Snbcrintsactor agrees: ( lj Lo pro�ide at the Project site the eaaterials, equipmen2, laliorers and s�petvisiun neeessary to begin ar res�me the work upon Cp�tractnr's order to do so: (2) to p�rform tfre work �nd a}1 parts thereaf promptIy, d�igeaCly and in such order artd sequence as ContracEor may direct to assure the efiicient, eacpcditiaets , and Wnety pipsecution of the tntire wotk under the C4ntract; artd {3) to furnish sufficieni forees, supervision, equipment and materials, at such rirt�es and for such periods, as witl resul# in progress aoeordin� W Ehe approved prugress schedule uf Con#ractor or any modification thereof CotttracEor reserves the �ight to modify any suc� pmgress schedule with tes}�ect W ttte Feyuired sequence or duration of Ehe work ar any poKion Fhereof, and Contractoi makes no represenration N�t Subeontractoc will be able tu commence; prosccutc, or compiete the work in aaorciisnce with any progress sc,i�edulo_ $.2 Contractrn� shal! not be tiab[e to Sabconnractor for aEry de�ay in 3ubeoncracmr's work resulting from the act, ornission, aegti�ence, or default af Owncr or Arehitect, or by reeson of fire or otirter easualty, or on accuunt of ria�5, strikes, nr otiier.cqmUiazedaction df �he woikrnen or other, or on accounE of any acts of God ox any other causes beyond l.^or�pac%r's conh[�l or on actosmt uf �y aircurnstm3ces caused or coxrhi6wted to by Swbmnttacto�, provided, however, notwithstanding anything eEse wntained herei�t, the Contraetor wilf be liabie tu tk�e S�bcautracbnr foi damages it incurs .as a:resu[t of any xcts or failures W act, by the Owner which de]ays ar syspends the Sttbcontrae:tor's woiic only to the cxter�i the Owner is 19able fo Contiactor for.such damages and achially pays the Coniractor %r such darriages, 'tt hci�g expressly urtderstood that tlie only abligation the Contractor lias to pay to the Subcon�-actor �nder this pravision is to pass on to She Owiier any c3aim the Subcd�Er�cfor es a tesult of such claim tFte Subcontractor hgs for damages for delays caused by tlte ()wner attd t0 pay Eo the Sutrca�mraciar any amounts which the Owner pays to the Conuactor as a result of such claim #'or Ov�+�er caused delays. lf Owncr has not paid Contractor demages for any delays or suspcnsions to Sul�contractor's work, Subcontractar's sole anci exclusive remedy againct Contractor shall be an extet�sion of time for campEetion equal io the de1ay at issue, and then .only if a wriiten olaim for deiay+ is made to Contractor and �`cmtractaris awarQed an extension.of time tzy Owner. SIJBCONTitACIqR WAIVES AND RELEAS�S CONTI2.ACi'4R FROM AI,1. CLAIMS AM} CAEISES OF ACf iON AGAINST CONTRACTOR FOIi DAM�.CrES ARISING OUT �F AELAYS, H3NiJRANCES, SLISPENSIONB, Olt INTEfiRUPTIOTiS CAUSE➢ i3R ORD�RED BY COI�1"RACTOR, EXCEP3� THE TIivLE EXTENSI02�1 AS SPECIFiCAI,LY PROViDED HERE�I. 8.3 Any claim by Snbconiractor for damages for delays caused by anyrn�e mast 6e received in avriting by Co�tractor no later ti�a�i fouReen (14) cale�dar days from Ehe begin�ing of the del�y or #he clai�n shall be waived. 8.A Subcontractor shall be 13ab3e tn Contractor for any oosrs or damages resulting fram any delay in t�e.perforamance of the wor[c to be performed under the Gontract ca�sed by Subcontractars, or its sub-contractors, agents, or etnpiayees, including but not lirnited to tiquidated dama$es assessed by the Orvner against Conuaetor, which amount may, at the option of Contractor. be w'sthheld fram any pmgress payment due nr to becnme due Snbooniractor, or 6e collecDed from the Subcontractor or its surery. 8.5 T'he Snhcontracror furtrier agrees co make no ctaims against ehis GoMractor if the sohedule or sr�edules furnished from time to time by ihe Cantractor is or ;�re notadhered to, it being unde[stood that Contractorwili er�deavorYo �pedite cotnpletion of.tlse Project as rapidly as possiirle �nd in so cndeavoring may prepare schedules that in a11 cases rnay not he adhered to, Ia the event that d�e critica9 path method or sny other project plarRning and contra] technique is used, $ubcontractor shall comply with atl requirements resurting from the uses oftite techn'rqus as to stary compietion, and phasing af the Suboontract work and shall iumish immcdiasely upon requ�st ail information royuired ior ihe impiementatian and updaring of'such teokutiques. 8.fi A representative of Subconlzactor with autharity to make binding decisions, sh�ll attend every Weekly Progress Meeting and other meetings called by Cont�actor. �houid such Subcontracfor represe�tati�e fail to aYtend any snch meei�ng, Contractor may withhald tt�e su�z� of $350 {as liquidated darnages) from sums ot�erwise due Subconta-actor, for each and every meeting missed by Subcontractor. 8,7 Contr�ctor wifl conduct weekly meerin� vvith suhcon#racEors, regffrding the progress of the Projeci and any updated scheduling of work. Subcontractors will be provided with a 3 Week Look P�ead Schcdule, a form of which is at#ached hereto �s Exhitsit "K". Subcontractor shali be xesponsibEe to seview the 3 Week Look Ahead Scheduie upon r�eipt 5hould Svbcontractor have a�y qaestians oY crnnmems stgarding any 3 Week Loalc Ahead Schedule, Subcontractar mast provide written �otice ta Contr�ctae, within 24 hours, otheewise the scheduies and informat�on set forth in tl�e 3 Week Laok Ahexd Schedule wil! be deemed aclmowledged and accepted by Subcond�ctor. AR3'ICLE 9 - CHAfYGES 9.1 5ubcontraaor shall make a!I altcrations, fumish matcrials for, �nd perform al I extra work or omit any work Contractor may requim, at a reasonabte additio� to/or Qeduction frorn the time for peifotrnance and the contract price set forth herein snd in propnrtion thereto. However, no aiterat�ans or changes shali be roade exccpt upon Conttactor's written arder, signed by ari ofitcee Qf the Contr�ctar. Cont.ractors superintendenc shall be authorized to issue field work orders (on Cpntractor's form) qn any such itetns provided such auihoriry is hereby expressly timi3r.d to field orders which individually, or in the aggmgate, do not result in a net increase in tha conh�ct:price in excess af $1.,0OO.OU. Contractor shail nat be bourod by any changes or alterations made by 5ubc.�rtractor in violaEion ofthis provision. 9.2 The amoum ta be paid 6y Coetractor, ar �lIowed by Subcantract, as a resuEt of such changes or alter�tions; shall be stated in Qonitaetor's written ord�r, or if not stated in such order, Suhcontractor sh�l1 proceed w�ith such work and sFtall keep and preseut to Contractor an accurate accounting of slf costs incurred in connection therewith in such form, at such tiene and w9th s�ch vonchers; receipt5, or vfher reriftGation as Contrsctor rnay eequire. 9.3 5ubco�tractor shall subtnit proposals for �Iterations in the manner pmvided 6y the Contract Documents or as instreicted by Confiractor. 9.4 SubcontracEor shall make aIi claims for eactra costs to the Canuactor in the manner provided in the CoRtrsct for Eike claims by Cantractor upon Owner, at least five (5) business days in ativance of the time when such c]aiins are required to be tnade 6y'CUntractor npon Owner. Cl&icYls not timely �nade shaEl be deemed waived ARTiCE.E 1Q—PAYh�[ENT ] 0.1 On the 20 day of each m�fi (or in any event at least Cwo (2) days before such date on wh.ich Contractor has agreed w submit its estimxte to Owner; if suc3� tiate is diffe€ent than the twe�Eieih {24) day), Subraontractor r+vi11 subrnit to Contiactor a� itcmized esEimaEe of worEc performed. Estimates which are subaritted aiter the specified suhinission da#e in any month may be retai�ed 6y Contraetor untii #he eiext sobrnission date before ttiey �re:processed. 5u6contraccar shall submit each application for payment to Cantractor electronieatEy through fhe Procnrebilling moduie to which Snbcontractoe will be given access, and Subrontractor shall upload all supporting evidence as may be required to suhstankiate sa�d amounts. 10.2 5ubcontractor's estimate will be included in CantracYor's estiinate and fbrwa€ded to Owner aE s�ch ti�e as it has 6een approved by Contracior. Contraclor sha�i have the rigEtt, at any tirae, to requesE fmm Subcontr�cWr such data, vou�chers, receip�s, invaices, or �ther docurner�ts or infarmation as it. may require in order to verify the informatian contained in Subcontractor's estimate. 163 �'o the exter�t that Owner acc�pts Subcontractq�'s progress estimate and not later than ten (14) days aftzr payment to Contraetor of fhe portion of Subcontractor's estimate, accepted and paid by Cawner, Gontraetor witl pay to Subconttaetor the j�srcentage ofSubCDntractor`s estimate, Set foTth on tite 2i'oltt side hereof, provided �at ContracWr shall not be required to remit pstymerit to Su�rAnCractpr in the event, in Contractor's esiimation, a su�ieient balance si�all not remain after the remittance of such.:payme�t in orderta enable Subco�c�s�ar tv discharge a11 of its oblagations for latior, ir�aterials, and equipment, previousty fumished or xo be fiimished by Subeor�tractnt under this �ub�antrad. F"v�al,pay�eut shaEE be enade as proviiied in Article 10.9. 10.4 Payments for materials or equipment }mt incorporated into the work, hut deliv�red and seEitabYe sto�ed at Che site, shal[ anly be �ade where permitted 6y t�-ie Contract Documents and spproved by Contractor. �ere the Con�racE Dv�ements perrnit psy�e�t fer rnaterials stared on the job site, 5ubcontractor sl�al[, i� addition tn all otlter requirements of tk�e Cw�'act l�o�wu�egts, �nake ariy pro6isions necessary,;iacl:tu4ing insurance eovering loss or datnage to the msteria�, to ensure and protecE Contractor's or Oweer's ti�le and right of �ssessiosi and 8etess ta sach matetials. 16.5 Subcontraet6r warrants tE�at titte to a!I m�terials, eqt�ipment, and wo�ic covee�t� by:esti�s sh�l. pags to Contraccor �or to Owner, if the Contract betwcen ContracLor �a►d Owner sa provides) eit}ier liy incorporati� iQ oonstntction or upnn receipt of pap�e�t by.Subcontraetor, wnichever occurs Srr�t, free, and clear of all liens, claims, security int�rests, ar encumbrances.l'his pmvision shail not be oottsiiiered as seli�evmg Subcontrac4ar frnm ihe responsibility to �1i0[CGt 1IItd plCSefVC Sli ri1St�I13[5 Flfld IY�Ik lipUil H+hlGtl �Hj'[i1C11jS }1tiVC t�e�Ft Inac{C, AtC [t5ta1'atio�7 of.�ny cfamagcd wark, and:thc mmintcexancc of insurance thereon iFrequired by otE�er provisions of this �bcoritract, nor shaEl it he considered as a wtaiver of t7�e right nf Cont�'actnr oI' dwner to Teq�im iili pert'ormance of x!1 of the obEigations of �ubcon�mmctor he.eieiinder. i�.6 l�Tonvithst�nding anything in this Subcontract to.ik�e eonuary, et! prugFess paymcnts and �oe�l payfnent mep#ioned in this Snbcontract are contingent and Subject to nwncrs accaptance af a31 wock perForatcd `hy Subcontr�fnr.arsd Contiaetor'a reoeip# of gayMaoet frotti awrner for $ubcov�iractor's work. Sutreantractor agees to acccpt et►e risk of �rvr+payr�ent b3� ContA�actot if�cxrtactor is not paid progress payments and/or frnal payrrtent frorn E}�vr�er fot any reason, inc3uding, wi#ho�t limitation, Owner's insoiwency or inabi}ity to pay. By �cceptiz�g su�h risk, ,�ul'contrect°r is i�ot �greeing to waive �y rights it n�ay have to pursue colkection of any outstanding balanet fram Uwner. Subevntractur furiher a�rees that Owner's payme�tt to ContEaeroe of all prpgress psyments and f�nal payment for any work perEormed by Subcontractor shail be an e�ress eondition pretaedent to any.obiigation of Contractor ta makc any Progcess payments, retainages, or final payment to Subcontractor and Subcontracmr is not entit3ed to pursue payment f►'om Contractar in tlte eVee►t of nanpa)+rnent by Ownar evan if a reasonable time for the Conh-actar to attemp# to first Eollect from Owner has passed. I0.7 Contractor si►all be entetled io offset from and agaisst any sum due the Subcontra�tor fiereu�der ti`e amour�t of any sum that �ubcAntra�ctor may owe to ContracWr under any other uvri!#en agreemea�t with Suhcontr�ctor. IU.8 lf at any time Contractor shaEl determi�a that 5ubco�tractor s financi�l condiYio3t has beComc ut�s�ts#'acEary; Su�tractor shall .filmish satisf�tory seairity to Contrac�or wi#hin frve (S) business days a�ar written notice tn hts:last Tmown address, and ifSubcont�ctor.faits to fu�ish said seciu°ity, Cantraetor shal1 iiave the o�rtion to csncei this Subconiraet• !n c�se of such canicellatior3, the rights af the �ontractor shal! 6e ihe same as if Subcorttractor had failed to perform tkis SubcanEract in whale or irt.p4rE. IQ.9 Subcontractor will recerve the payments made 6y Contractor �nd will hofd sueli p�ymerns �s � trust fund to be applied first to the p�ymenrof a�y persons fumishing Iabor, materials ar services for �he work; anQ Sa6contr�ctor will so apply ihe payments fr4m �ontractor befnre using �y part thereaf for any other purpose. Progress payments may, in ihe discretion of Contractor, be made in the %rm af checlts payable jointty to Subcontractar and s�tch persot►: If 5ubconuactar 5ha11 faii ta pay prorr►pEEy when due, for all labar, services, snd materials fum'rshad in cu�nection writh the pe�-formance of the work, Contractor map, a�er fiwe (5) bus iness days wri�n notice io Suhcontractnr, pay Ehe amaunt of such liabil ities and r�cmer tl►e amo�t Cherefrom from Su6contractor or deduct sur.� amount From any moaries tlien, or theieafier trecaming, due Su6contractor MereurEder. 10.10 Final paymem, consisiing o£the ur�paid halanee of the S�tmon#ract price, shafl 6e made witlain fi�een (15) days after the tast of the faltowing to uccur. { I) full carnpletian oitlae work by Suhcantr�tor: (?} f'mal xceepra�oe o�the work 6y the Arohitecx asjd Owner: (�) final paymeat by Owner to �antracTor amder the ComracE: {4) the furnishing of satisfactory evidence 6y Suboo�ctor to Cantractor that the Su6cun#ra�tar hac paid in fuN ail persons fumishing Yabor, �aEedals, or sezvice in eonnection with the work anci th2t �teither Sabeont�a�t+x or any person claiming undecor fhrough Sulicontraetor has filed or has tha righi to rnai�tta�n a licn or othtr clairr� ageinst tho Chmor, the Contractor, Castrac�For's surety, if �y, or the Pmject premiscs: (5) �he delivery to Contractor of such releases �s it may require �rom Su6contractor Pursuant to #he pravisions eo�tained 1�erein. a�id i6) the delivery of al l guxrantees, warrarsties, l�eds, i�shvcaon manuals, performance charts, diagrams, as-built drawiugs arrd simi3ar ite�n.s vv�tFt respeet to Ekte wOrlc. 10.11 5ubconh�actor shall fumish ContrHctor with sueh partia! reieases and waivers uf licn from it ati�d its subcoatractors, m�terial-men, and e�dttors as Coniractor may f�om time to timc request with respect to labar aaidlor rnaterials ancifor c€aims, ancf shai} fumish final releases snd wsivers of lian to Contrattar at the time of final payEnent hersunder. 10.12 Su6contractor shall fumish €rom Hrtie to time, 'tf requested by Contractor, swom a#�"idavits in the form provided by Caniiacior, whi�ch shall st�e amaunts due or to become d�e, arnounts paid, and an}+ other in€ormation cleariy i�icating ihe financia1 candifion of Subcatitractor insofsr as it relates to labor �d �ateri� furnished or to be ficrnished, uncler this Su6cantract, a�d Contractor may take surh �easr�res purau�nc thereto as ContracWr may deem necessary in arder to protect:itself against a�ty clairns. f 0.13 Subcontractor �gcees to tur� its work hereunder over tc� Con4ra�or in good cone4ition; free and eiEsc of �11 elaims, encuEnbrances and 1 iens far iabar, serrices or materiais and to pratect and tceep Contractor �nd Owner hann[ess from �!1 cisims, ea�cumhrances anfl tier�s growirig oert oi'the perfor�tance of its work hereunder and all m�intenance ceqnired under the Coniraet Dacumer�rs• �f S�bcantractor, during the progress of its watk hereueder, or at �ny time t�ereafter, shali iail #o pay €or aE[. labor, services and mat8rials use� or purchased far use in the prosccution of its work hereunder Cantractar msy, at iis option, and urithoat notice m 5abcontractoc, pay all such claims and charge the �ounts ihereto to Subcanfractor. ]n the ever�t suit is flled by any Fecsot�, firm or eorporation asse�ting a elaicn or lien for laimr, seryiccs, ar materia�s used or pure�ia�ed for ase in the wark eovered by this Contract, Stt6conMactor wikf, at us ow� cost and expense, includieg counsel fees, defend such suit �d pay any jude rient rer�dered sherein. 10.14 Gon#ractor may sef-of� againsi the Subcomract Amo�nt the amount of Hny.lis6ility of Su6consractor tv Conuaetnr, whefher or not relaiing bo Elie Praject. 5ubcontractor specifically eonsenLs and agrees to such right oFset-off. ARTICLE [1—.5ii1RAGEANIf hiA'!'EC2IAL5 11.1 Subcuntractor agrees to Sbida by Contracmr's dec'tsion as to tt�e ailotment of a1l sto�age and woeking space on the job si.te or in 1k�e bui�ding tFiereon. 11.2 5u6contr�cfar shall provide at its o�vn expe�se whatevtr storage sheds, worlcsEwps, utilities and ofhces are neeessary for its performancc hereunder, �d shstl remove the same and thoroughly clean and restore the preinises to � condition sarisfaetoryw Contracfor and Ow�er at tlie cnmpletion of its work. Subcontractar agrees that if Subcontractor has not thornughly claaned �d cestored ihe presnises W a eondition satisfactory to Contractor and Owner. Subco�trae4or consents to being backcharged by Cnn[ractar for any cas� it incurs in perfocming such cieanup work on Subcontractor's behatf. Confr�ctor agrees that as e condition pzecede�t to renover�ng backoharges for inadequate cte�up, Corttractor metst pravide a wtitten invoi�e of expenses. 7'his invoiee to be due upon receipt. 11,3 5ubcontr�tor shall secure and proteet its matcriats and worEt at�d sFia]I besr ihe cost of snd b¢ liable te the Confr�otor for eny and aT] io5s or damage thereto or to any vtiEer partias' wark or property res�lting directky or indirectly £rom an act, o�uission to act, or i'aulty workmanship on lhe parf af SuBcontr8ctar, its suhcor�traetars, agenis, or employees. In the evenE l�bor a�iy is famished 6y S�b.cantracwr hereunder, Subcontractor xgrees t6 use ContracEor's �naterial without unreasa�able wasie, and agrees to reimbuise Contractor for any material r�ined or daanaged.pri►�arily due to any act�on or inactiuon by Subcontr�ctor. Un[ess oiherw�se pro�+ided, m�terial fumis�ed 6y ContracEat shHll be considered as delfvered ta Subccmttiaccor wFien plaoed ak #tre curb Iirte of ihe b�ii�ding on the job site �n which it i� to 1� u5ed or any ather ptacc on thc job site designat�i! by Gontract�r. C�uantiEies of materials uscd daiiq sF3aIE be repo�tod to Contrac[or, and eznpty sacks, bm��es, or uther refuse shall be placed in the area indicated by Contrac�ar Chercfore. ARTIC4E 12 — II1iSPEC 1'103V A3�D D�FECi'IVE W01t1{ 12.i Su�contractor represents that iE h�s inspected and Fhorouglyly e�csmined fhe prcmises or property where or qpon which t}]a wot'ic covered hy this Subeontract is to be perfrnmed, has s�tisf ed itself as to fhe condiiion therea� and thaC the Subconiract price is j�xst and reasonable compensatiun for all th� work, inciuding all hireseen and foreseeabte risks, hazards, snd difficulties in cormection ther�w�th. Subcon�ctor's feiiuce:to inspect and exarteina t�ie premises cu property re§ulEing in iTs suT�+sequer�t i�il�ty �n pet£o�m the wark hereunder or a�y potCion there�of, accordi�rg ta the tenns and edn3itions of this Subcnatract, shall in no way �lie�e �tte Suhconlracior taf it� obtigations under:his Suk+�ontract. F4t�ther, no verba[ agre+esner�t, represent�ion or canvcrsation with atry o�cer, �ent, or employee vf the Contractor, Owner, or Arr,hi�eet, e�ther prior bo or ai�er �ue exeeution of #1is Se�bcontiact, shaEl supersede any of the Eerms nr obfig�ions contained herein. t2.2 lf Subcnntzactor deems that any surfaces to wiiids iis work is ta Be sppGed nr affixed mre u�►s�tisfaetor� �r uns�titxblP, writtet� notifi�ati0tl EhCFe of Sh311 bC given to Cc>�tractor 6efnre proceeding wieh xny s�eh wark �r tsi�i�g =emediak acrion �s the re5vlt the�eof. F�ihare tp give such notice ptior to performing sh�k relicve Conti'ac#or oY a411iability for �ry and 8t1 expens¢s, 3ass,. or d�ge resulting to it or od�ers frc�o said cundi#ion. Subeontnactor shaEl k�ear a�E.00sts incurreQ as a resnit of procceding wiEhout givi�g tMe notice required_ 12.3 Subwnvactor shatl promptiy correcc ar+d remedy any impraper mate3r+a15 or aiefective workn�aship suppiied ar performer3 hereund�r SubjeCt to �ite appmVal and acc�pzsstce of Contractor and Owner or fiheir authacized representatives. If 5ubcontracta� should refetse and ncglsct to procaed at once wiEFt such actian after receiving narice io do so, either during the construction period or war�anry peeiod, Cun7,�actor may Aave th�e defects �meiiied or c�m�ges made and deduct Eheceof from eny amnuats due or to became due Sub.oantractor k�revnder or rea�ver such casi f� 5€ibcoacractor's su(ety. Pursuatit to fhe for!egbing, Subcomractor and its s�rety agree to pay Contzactot on:dcmand an a�iounc �qual to any and �TE loss or ex{ranse paid or ineurred by Contractor in remedying any suci� defeels or mak'sng any sucb ehanges. AITTICT.E I3 — ASSiGNME1�iT 13.1 5ubcontractor shaif not suhcontract, assign, or uansfer ti�is Subco�tract, nr any part hereof, without �rst obtaining the written eonsent of ContraCtar. Shoutd the Suhcontrsctor subcormaet, assign, or transfer rhis Subcontraet in atk or m part, withoat the priror written eonseret of the Contractor, fi�en Contractor shall not be respansibke for �ny payments or invoices, that arise from such subcontract, assigr�znent, ar trans€er. SMo�id Caotzactor grant prior written conseaE of eny sutieantract, assignrr�ent, or transfer, such acceptance and consent by Contractar sha11 not iu any way release Subeontcacior from iis primary responsibiliry for the perFarmance of iFs 4hlig�ion hereunder, but Subcvr�t►'acWr shatl remain iully obligaEed to Contractor to the same extent as if such subcontract, assignment or transfer�t haci not t�cen place. Any subconu�aci assignment or Lansfeeai of shis S�bcoretract, or any part hercof, pecm'rEted hy Contractor shall be suhject to t3�e provisio�s her�f and to the proV isions of Fhe otF►er Co�rad Dncurnents where applicable_ I3,2 Subcontractar shail not assign any fiuids due or to becorne �ue h�ereunder wiihoi� first obtaining �►e writien c�nsent uf the Contractor. Any s�ch attempted �ssignmenf which is made without such psior consent shail not be binding on ConEractar. Cocttractor's consent tnay be c�diti:oAed uQois Ehe aSsignee agree"rng in v�r�ting that such assigrineni is subject to �!l ter�ns and conditions of this Subcontraact ARTICLE 14—&ANKRUPTCX 14.1 It is recognized that if Subcontractor becomes a party to voluntaay or 't�voluntaty bankrupEey proceedings, makes a general aSsignment for ths be�efiu o#' creditors, or s receiver is apppinted on accounE of i�s salver►cy, such events could serioUsiq impair or fcnstrate Subconuacwr's perforroance of the wo�ic involved in this Co.ntract. Accordi�tgly, it is sgreed tltat upan Yhe accturence of such eveni ar euei�Es, Cor�uactor shall be en#itled to reqaest of Subconti'actor or 4ts succcssors, truscees, or raceivers, adequate assurances of future perfoirx�ance in acecrrdance with the teerns of this Subcontract Ag�eem�t. ln t�c event such assurances �re not given to the reasonabie satisfaction nf Co�uactor within fi�een (i5) days of such request, Cantractor sha11 have the xight to i�mediately 9nvoke the remeckies as provided above i� tt�is S�bcantr�t Agneemcnt, or as provided by [ew: Pending receipt of sucf� adeq�c�te assurances of such future performances, Contcactor may prit subcontr�toe's work em a��s�ror�ry basis �d.deduct'ihe casts, p[us reasonabie cn+erhead and proEit, from any amou�ts due or which mar� become due to Subco�ra�Ear; in tltiis regard, Contractor and SraEiso�+tractix a�rae that del�ys in perfv�mance could resulY in more damages to Subcontractor Ehan wDuld 6e sustained if Contrsctor faileii to exercise suc#� rernecties. ARTICLE 15 — DEBAUI.Tl7'ERMINATION I5.1 if 5ubcontractor shall at any time iail #o supply enough properly skiiled workmen, materiaEs, or sub�ittafs in order ta permit Sub�tractor to perform hereunder to the satisPaction of Contractor with reasonahle prornpFness, cliligence, nnd effici€ncy, ar if 3►�l�ot�tractor sh�li o#iie�r�vise hreach or Cantractor reasonably anticipates Subcontractor wi11 soon default or ott,erwise fail in the performanoe of any of flie provisrons and requirernents herein containcd, Cur►traetor may proceed ss fa�lows: 15.I.1 A$er provicfijag S�zbconkaetor with twe�►ty-four (24) hours' notice by te}epf�one, fax, ertiai3, #elegcam, or writtc� notice (such written notice may be given hy postir�g written not�ce at the jo'b sifc} CoretracWr may peovide such labcrr, c�ripment, rnaterials, suppl'res or sub�ittals as may be necessary 4r reasanffble to carry on or complete the work �equired hereunder ar any other psrt thereof, pay iae same snd deducf ti�e amount paid therefo� from the balar�ce af the Subcontractor pricx: or 15.1.2 After fivo {5) business days' notiee bp fax, ema�l, teleg�n, ar other written notice sent to Subcontractvr's 1ast.irnovvn �ddross, Cocstrsetor m�y withhold any progress paymont in whole �' in part until sueh breach or faiture is remedied W Gc�ntractor's satisf�tion, hut such retenEion sI�ell in no way reHeve Subcontractar from sontinuing to perform hereunder: or 15.1.3 After five (5} business days' VYittOen nOdCe 5enl to Subcon#ractor's iasE lmorrt► a<�aiess, Contrnotor rnay terminate Subcontractar's right 20 �OCeed W1Cjt pCI�OfIIE1i1GG Uf kLS WOIk hCfCUllder !il wh01e Or iI� pai[, 8nd Ct>s7epEete tt� work or �Y Portion tl#croof wwered by sucf� termination, or l�ave the same eo�Epl2tecf or cu[rect�d bY ot�►ers, in which cr�ont contraetar shalt noc be 1iable co suhcontraccor foe any further payments undar 4his Subcontract antil the fi[t2€1 paymettt 6y Ow�er ustder the Cmstract, and sllalE thes� be liab}e oniy to the extent, if any, tfiu the unpaid ba��ncc of thc 5u6GontrACi price exc�cEs atry loss or e�cpense �o Conr�actrn- fmm carng3eting or co�rect�ng or having uthers cnrnpleEe o1' �oreect Fhe wurk to be performed 6y $ubcontraGtot }►ereunder, vr any por�ton there�I oovcrcd hy d�c t�rmination, plps any other loss or dam�ge th�i Contrgetcyr may have sustained by reason of Subeontractor's 6reac}� or defauli tn thc ev�tst oi ar►� suct► cerm�na��o},, Subcontractar shalf deliw� to Cantractor such supplies, m��erials, work in p�ogress �nd finished warlc, �d such ot�er items as h�ve bcen pureh�sed, �ahricaEed, constructed, or acquirecl by Suhcontractor m� the perfotmance of oT fGf thC pUipAS2 D�P�fl��ng �� WOiIc �]C1'BllIkdBT, or the poRion theceof covered by Ehe terrnination, and Contractor any, at 'tts option, take possessinn of and use i� completing the waric, or ttie terminaud pornQ� mcrco� a�y or �i s�,�*�-m� � pue,cbase orders ar any supgijes, tools, equ'tpFnent, eppliances, parts, or m�teziais of Sab�r.os�tracior that are on the job s�te; 15. E.4 Aetion t�lcen by Contraetor or �nder �ese provisions, as #o �y port�on oithe work hereunder, shall not relieve Subcvatractor oftlae obligatioea to cuntinus and cornplete perfort�ance of its wolk i�ere�nder u'ith respect to a�ty re�aaining partion of the �svork as to wh€c� suit of action is not tsken. 15.2 No accio� taken by Ccantractor anrier the provisions of this �aragrt�rh sha}3 ►elieve Subeontractor €ro� any liabiiiry for dameges, including dart»ges resulting from a delav in the perform�nce af work under the Contract Docurne►�ts, sustained 6y Contractor.as a resul� of eny hreaches oe defaults of Subconiraccor herecinder. Ifthe arnount expendcd hy Corttractor, ar eny ot�er pacry peerxarm�ng aE cnc �sug��t otco�.u�w or, :.+ �..+�=wns •il �r �+r �•e:on ote�,e w.,,k to be performecE hereunder and any damages sastained by Contraccor as � result of Subcontractor's bre�e� or def�lt hereunder exceeds the �npaid baianoe of the Snbcontracc price, Subcantractor attd its surery agree to pay Coseiractor the fu!! �rrroemtt o# such exeQss andfor Contractor m�y deduct said excess from any sums then due or therea8er doe Subcontr�r�ior t�oder �ny other ag�einenks between Cantractor �+x! Subcaneractor. A hreaeh by Su6confractor aithis er any ather Subcontract rviCh ContracEar m�y, �t the opEion of Contractor, be enr�siderod a breach of ali subcuntract ageements anci Contract°r ma�` exeraise ifs remodies accardingly. ContraGtor may offse[ against any sums due Subcontmetor hereundex 2he amo�nt of any liquid�ted or untiquidazed obl igatiens of Subcn�rtractor ta Contxactar arisin$ oi�t of this Subcrontract or aay other ag�e�nent betweefi Contraotior anil Subc�ntractor. I5.3 Contractor may, by wriuen notiee to Subcontracwr, tcrfAin�e �e v�hoie or anY.Pait of ffius Subcantc�t witho�t c� ot for its conve�ience, inclradtng the occasion of a partia! or comglete suspens�an or canaeilation of Con�aetcu's or Owner's operating at �e Project. Upon any such tem�inat9an, Si�bcanmactnr agrees to wai�e any ctaim for darna�es, inelnding loss af �nticipat�d profits ssn worfc �ot per#'orir�ed, o� �count d��ereof, and as the sale right and remedy of Suhconsractor, Cantractor shal.i pay 5ubcontr�ctor in acoardance with Article t S33 belaw. The pcovisions af Ehis Subcontract, whieh by their na#ure Survive fmal aoctptancc of the Work, shall zmain in ii�ri force and afEect after such termination. 15.3.1 Upon Feeeipc ofsa�d notice, Subcontractoe shall, uniess �e noEiee directs otherwise, irnmed'sa�ly discontinue #he Work o� �e date ancf to the cxtor►t spccified i�n the notice, pEace no €urther orders or su3�contracts for tna4eriaEs, e�uipmenf, serVices, or facilitie5, excepk as rnaybe ISeCess&[y for complction af sach purt9o� af t�e Work as is not ciiscantinued, promptly mske every+ reasonahle effott to pro4ure cancei186ifln upon tet7�ts sacisfactor} to Conuactor af a!1 ordcrs a�cd subcor�traots to the e�ccent they neEa�e io the perforrt�a�+ce of Worlc diseo�tiriuett, and shatl thereafier do onty such wark as may be necessary m presen'e snd pratect work aiready in pmgress and tv protect materials, plaat and equiptt�ent an the Work or in transit theteto. 15.3.2 Upon such termination the obiigations af this Subcon�ract, inciuding warranty abiigations, siiall cominue �s to Work already performed snd as to 6ona fide obligations sssufned by Su6conuactor priar to #he date ofterminatin�. i5.3.3 Lipon termin�tion under Article i 53, 5ubcontractor shalt be entitled to be paid in full vslue, including s reasonabfe s1lnwance for a proportioned amount of Snbcontractor's prafit, ca�cutated on the lsasis of ihe tompensakion provisions hereo� of all WUork praperly done on the site by Subcontra�tor together with reasonahle casts oce�sioned by such terntination ar►d not previoasfy p�id fot, less such sums as 5ubcontractor has already receivcd on account of the Work per#'ormed. If at tfie date of sueh termin&tion 5►ubcontractor has praperly preparecE or fabricated of the site any goods for sui�sequent incorporation in t�a Work, and if Subcontractor deli�ers such goods to t�e site or to such other place � the Conhactor shall reasonably direcE within fiv� {S} he�siness da}�s frOm the dafe of terminat�on, the Sd6contrador sha11 be paid for such goods or �naterials. Subcuntractor shall, as a condition to receiving the paymer�ts referred to in fhis peo�ision, execute and delivsr a complete release of alk cla"sms againsr Cosetr�ctor. 15.4 Tf Subcontractoe oontends for any reason tirat Contracior is in default �der this Subco�itract, Subcxintractor shaF1 immecliaEely, but in.�o event later than se�enty-two (72) hours faltowing the circumstances forneing ti�e basss for such contemion, (i� give Caatractor wzitten natice thereof, setting forth in writing all details, and att�ching eopies of aFl reiated docurnenta[ion in fhe. Subco�ractor's possession e�nceming suCh CircutnstenceS, and (ii) pcovide Contractor reasonable opportunity to cure any swch co:rtcndei! default befare Subcontractor e�cercises acry right it may have to declare Ca�trac#or i� defau�t, or co suspessd or tenninate Subcontraetor's perfurmance hereunde�. �► no everrt sh�li Contractor's faiiure to pay Subconiractor be considered a material default under th9s Subcontract unfess Contractor fails to awre an iEnproper failure to pay Subcontractor within fiye (5) business days following Coniraotor's receipt of Subcon�ractor's written notice that Contractor's payment is past duc according tn the terrns of tf�is Subcontrac#. Subcorrtractor's f�iEure to provide nay notice required under this ctause shall cnostitute a waiver of Suboontr��tor's right ta terminate this Subcontz-act es a result thereof. Pro�ided, however, that SubcontracEor shatl not interrupt nr sfow dorvn the progress of the work perfarmed under this Subcontract during the pendency Of {i) a Cure �1'iod wit[tin which ihe ContracEor is entitled to cure nay contanded c�efault of Contractor heeeunder, or (ii) the e�ch�ustion o#tFEe dispute resolution pmass descr'rbed fierein witii respeci to any dispuEe that may arise beiween thc Parties ttereunder. 15.5 'Fhe rights �nd remedies prcrvided Contractor under this Article, and purs�tt to sny other pravi�ons oantsined herein, sha11 be evmukati�t and aae not intended w prevent resflrt by Contractor to �ny other remedy �i'orded by law or in equity. S�bcontr�ctor ar�d its surety hereby waive al! righls of e�cemptian for and in connection with any of the provisions oontaimd hecein. AR'1`ICI:E l6 — FdRCE MfAdEURE 76.1 ]n the e�ent that either parry shall be preventccf 6y an occw�rence of "F'orce Majeure" from periorming ar�y o6Eigatinn (except fot the obligatio�s to make payme�t when due, and Ehe indemnity, insurance and warranty obligations), such parry shxli, as soon as possible aiter the oceurrence, provide to the other written notiee stating in derail the basis of such Force Majeare, the date af its commencement and The date it is expected #v end. Uyon provision of such written notice, said party's obligation of perfarmance shall be s�spended to the e�tient thak it is affected by such Force Majer�re. }iowever, all obligaEions r�ot affected by such Force Majeure remain bincking upon the parCies, and any suspension of perFarmance s�all be nernedied with all r�asonab}e dispatch by the party whose performance is sa �ffected. 16,2 The term "Force Majeure" as employsd herein shall include acts of �iod, strikes, locfcouts, acts of terrorists, wars, block�des, insurrectinns, riots, epiciemics, fandslides, lightning, earthq�akes, fres, smrms, floads, rr'a�houts, arrests, and restraints o£rulers and peopEc, civil disturbances, exp[asions, mobilizxtion, revolut�on, civit commutivn, strikes,lockouts, hurricanes, similar storms or actions of the elements, ac�s of fiod nr pu6{ic enemy, restrictions ar restraints imposed by law or by ru]e, acts, or regulation or order of govemmentai au#rorities, wheiher feckral, state or loraE, and r�hether civii or military, interruption of transportatian facilicies, and any ather cause which, in any s�ch c�.se, is beyond the reasor�able conk'ol of the party affected and which by the cxercise of reasonabte dil igenee such party is unable to prevent 16.3 Nrty loss, damage, delay or failure oi payment or perfaranance cawsed by or otherwise related to a"Force Majeure" will not constitute an event of defsul[ here�nder or give rise ta any cEaim for damages. Under no cireumsfances shail Subcontractc�r i,e ernitied to addiriana� monies for performance of iu oblig�tion hereunder except to the axtent ContracEor is entitled tn and recovers samc from Owner. ARTICLE 17—MISCELLANEOifS 17. i Subcontractar agrees io pay its wortanen not less than the seale of wages presedbed in the ConEract Documents, or not less than the scale prescribed by law. In case t1�e Contract Llocuments provides no such scale, and to ma[oe such payments at tlye times prescribed by the Co�tract Docr�ments or by law. Shoald Subcontractor €ail to observe this covenant, Cor�uactor s1�a11 have the oprion cu proeeed in acsordancc with the cemedies provided hereiz�after, and to cotlect from Subcontraetor the amount of a11 penaities which may t�e specified in the Contract Documencs or by law ar otherrvise for �aikure to make such payenents. 17.2 Suhcontractor shail at all times provide safe and adequ�te tools, appliances �nd equipment, a snffciern number of properly qua�i5ed and skitled workmen, and a sufficient amounx of materials and supglies of proper yuality �o Prosecute its work hereunder efficiently snd peomptly, an�f shall promptly pay for �Il material5 purchased, and at Conn�r�ctar's request sha13 obtain m�d f�mish Contractor weekly with sig�eed receipts from alE workmen, showing tMe date o.f pay�enrof them, the amount paid, Fhe numlier of horars paid for the days an which such wark �ras perfortned, the classiFication of the iahor so paid, and fhe rate af wage per howr paid; and at the Contraetor's requesc Subcon[�aator st�all sapply Contre:ckar weekly with a reasonahle number of cop�es ofthc payroll verlfied by S�bContractor. i 7.3 Neit#�er Subcootracwr nor any of its sn6cornractors shafl e�nploy end woskmen whose employment on the worfc cm�ered by Ehe Subcontrsct is obj� to by Co�uactor. Subcontractor shail cornply with the Imtnig�ion Reform and Conttal AcE of 1986 and sh�ll, upon request of Contractor, fiunish Contractor with ev�dence of Subcortt�actor's compliance titierewith. Subcontr�ctor shall isedemnify and hold Contractor haimiess of end from any ftnes, costs ar damage of any kind relatlng to Subcaniractoe's rzoncampliancc with suc�h law andlor any oti�er taws eilecting emp�oymeni. 17.4 T7o aveetime will be paid 6y Contractor to S�bcontractor uniess specifically ag�eed ta in tvriting by CantracLor. 17.5 It is undeFsstood that contracts will be awarded and labor v�vil! be employed on the Project without discrerni�ation as to whether employees of any wntractor, subcontractor, or chose employed 6y the Owner of the project are members or non-mers�bers of any labor organization, and tFye 5ubcontractor accepts this contraet with Fhat understsnciing. The Sr�bcon#ract�r agrees to employ men, wamen and �nechanics on lhe work who will wotkat sll Eimes �n harmat�y with all other men, women and rr►echsnics on tMe pioject The Subcontractor agrees not to.pazficipake 4n or accede to any cessation of worEc which may occur as a resuft of a� [abor disputes whether lawful ot unlswful, authorized or �tnauthnriaed. l7.b In the event f�at Subcontractor or sny ather pexson, firrn, or corporation invoEved �n the eonstruction work to be periormed on th�s projed becomes involved in �ny labor dispute, whether lawful or wdawfuk, a�ithorized or unanthnrized, which causes, or �ens to cause, Ehe Subconuactor, any union, or any other peeson, £�mi, or carporation ta strike, picl�et, walk out, boycotf, engage in s�apPa�es of woilc, slotv dowr�►s, sit-downs, refusal to work, JllRSf�ECilDt38� flt5}I[t�5, or take any sim�lar action, ther� the Contractor shajE ieavE the right5 and r�nedies containeil in Atti�ie l5. I7.7 Subcontractor agrees to prepay s�l �ransportaao�r charges of whatsoever nature in comEection with fhe shipmes►t of individuais, maierial, or equipment to andlor from the job, and to indemniiy and save hamrless Owner and Cantractor from any �d all costs of claims arising therefmm. 17,8 Subcontractor shall provide su�cient safe and groper faailifies at akl times €or the inspec$ion of its work hy ColtVaCto[ w A1'Chi{ECt oI ttlEit �uthoFized representatives, and shall within twenty-four (24) hours af%r receiving wriYten notice from ConL'actor to such efFec� proceed tu disma�tle or take dowr► af3 portions of the work �ud remo�e froon the gro�erids and buildings all �ateriais, wE�ether worked or �tnwatked; which Contr�ctor pr Architect shail condemn es unsound or irnproper or which shai[ faif to conform in any way to the Contract 1�ocuments, snd shai! make gaod all such wnrk condemtted and ell otlier work damage� or desYmyed in removing or making g[�od such wnilemned work. 'Fhe failure of the Contractor to direct the removal of any work not in coEnpliance with the Contraet Documents shall nnt release ar lessen Subeo�itractor's sole responsi'[riliiy inr its work complying with �fne Contract Doeume�ts• However, Subco�tracto€ sha�l not remove any other materia! fiom the job wi�ianut Cor�u�tars' written permission. ] 7.9 Subcontractor agrees �ot to remove any guards or safety de�ices an or sbout the job sitie, except upon fhe priar wriltei► instnkction ofi ContrAeiar's superintendent, and ta replace such guards and deviccs pro�ptly. In the event 5ubcontractor fa�ls to m�lre such repiacements Co�tracmr may do sfl �►d charge thc cost thereof to SuhcantrscEos, and Suircontractor sha[t 6e solely �iable for eny injury,loss, or damage occurririg as a result thereof. 17.10 Subconhactor agrccs to protect, indemnify, and hold Contractor harmfess from any and ail cEaims or suits for infringement of patenu, or violation of pat�t rights by Sui�contractor, and ittrther agrees to pay s�l losses and eacpenses incurred by Conir�or by reason of �ny s�ch claims ar suits inetuding eounsal fees and court casts in connection therewith. 17.1 ! Su6contraator sha11 clean up and cfeliver to the area designated by Co��tractor ait rubbish and debris resulting.fram his work, aand sl�all clesn up to the satisfa�tion af Owner all dirt, grease, marks, and any other materi�! fiom walls, ceilings, flonrs, fixtures, and any other portion of any 6uilcting located an the job site placed thereon or left by Subcontracror in eonnechion witf� its work hereunder. lf Subcontxaccor fa't{s or tefuses to perform as directed pursuant hereto, Coatractor may then pmeeed t� perfotm such duties and subcontractor will, o� demand, rep�y to Conuactoe by deducEiDn from �rrEounts dt�e Subcontractor hereunder or by way of claim against Subcontractor or its surety, all costs inaurred ir� connection wilh Cont�ac�r's pe�%rniance of such dut�es. 17,12 If Snbcontractor uses CvnEractor's hoisti�g facilities, if any and if avaiiabEe, Subcantractor wili pay Contractor for the service aE the rates mufi�ally agreed upon. Contractor shal! have cxclusive controE over schedu�ing of the use of aa+y such hoisting t'aeifities. 17,i3 Subcontraetor agrees to atilize Proeore's o�line project portal to access �d subrnit ali Prnjcct rela6ed information Ca�tractor pmvides access to and deuns necessary. This inetudes but is not limited to submittals, Reqnests for Ir�for€ttation (�i,Fi's), Archiuct's 3upplemental Instructions (ASi's), ehanges, payme�t applications, Coniract Documents, meeting mittutes, inspections, observations and any ather Proleet related docrnnentation reEabed to the execucion of the Wark u�der this Agreement. Subcontractor further agrees to comple� the Paocore Snbcontraetor Certification �nd submit the course cornpletion certificate for Contractor's reeords prior to receiving the �rst Project progress payEnent. AItT[CLE 18 -- A7TARIVEYS' FEES AND li�t�'�REST 18.i If Contractor emp3oys an attomey to en£oece any uftht provisiosts hereof, or to protect its �nterest in any matter arisin$ hereundcr, or to wllect da�ages for tlie breach ofthis Subcontraet, or ta proseeute or defend any s�iE �esulting therefrom or fi'ot� atty ailegatians that S�hcontractor's work was defective,.or to recover on any bond given by Subcontractor here�nder, �nd Cc�ntractor is ti�e prevailing pariy on �ny such claims pwrsuant to ihe criteria set fort3i herea#ier,. Subcontractor and his surety,.jnindy and severally, agree to pay ConErscEor afl reason9ble costs, eharges, enpenses, and atiorney's f�s expended or incaned in connection tlterewith. �onuactar sh�t! be held the prcvaiEing paity: (i) as to each claim or courner-clairn for which it obtains a t�ke�oEhing;jad;gment or �ward; (i) as to each clsim or counter-Claim awarded agais�st it for a sum that is eqaal to or iess fh�n ihe amount Co�traator vs##ered to pay in settlement of that ciaim or councer-etairn, �clusive of attorneys' fees; {3ii) as to each claim or counter-claim for nurt-monetary ralief upon which ihe oaurt or arb.itrator{s) find in Contractor's favor; and {iv) in cireurr�stances in whieh mu}tiple eauses crf acCion are st issue Ehat cannot be severed for fhe purposes of attribuc}ng attorneys' fees and in which Contractor pravails on the main issue(s), as evidene�d by the dispured faets most �eavily I�tigated priar ca and through the trial or arbitratian hearing as identified by the pai'ties. In the event E�e parties are unabEc to agree as to what cnnstinttes the �ain issue(s), ihen a rebnttable preswmpiion shsll arise in favor of Contractor's interpretattion of what constitutes Ehe �naiR issue(s). AEl aaaoun�s due Condractor ur�der ihis SubeonYract and unpaid shatl bear interest from their due date at tt�e lesser of ihe fo[�owing rates: (1) eighteen pe[cenl (1$°Ja} per annum or (2) ihe ma�iEumm �on-usurions rxte allawed unfler applicable usury law. ARTICLE 19 — NOTICES AND COMP[TfAT�ON OF TIME P�RIdDS 19.1 "Notiees" must be in writing and may be giv�n �y the p�rties at the xddresses set farth on Page I vf this Subcontrack Such sddresses may be changed by eithee party giving notice to the othar party senT in accordance widt tl�is paragraph, 19.2 Exccpt for Facsimile notices or notice transmitted via ernail, notices are et%etive �on receipt, w�ether given by hand delivary, regulas or certified �rrail. i�Torices may also be sent by facsim.ile or eketronic cepy of a svriting. lf � norice is sent by facsimi:le or emai] it sh�lk be deemed received the day of tl�e facsimiEe or ernail transrnittal. 19.3 When time li�'rts �rre set forth En this subeonttact for corrective or other action to telce place, such tirr►e period(s) are to be ealculated using calendar iiays. ART[CLE 2� — GE�fEi�AL 20.1 AI! matters relating to the v�lidety, Perforrnance, or interpretation of this Srabcorru�act shakf he gove.ened by the }aw of the State of 7'exas. 20.2 As re�arrds the subject matter hereaf, this wriEing, inciuding cioct�en�s incorpor�ted h�reiti by ieferetEce, constitutes tiie entire agreemenl bettveen the parties. Al1 prior proposals, negoc�ations a�d agreements prior to tke Subcoe�#rac! Date sre superseded bY ttiis Subcontract. or 20.3 This 5ubcuntract and the Contract Documer�is are. intended to supplement and co�npiement eseh other snd sMall where possi6le be thus ittterPreted. i, howe�vcr, any provision of this Subconix�criaeconcila�ly conflicts with a provision of ihe Co�traet 17ocurncnts, the pro�ision imposiog the greater duty on the Sui>coatractar sha}1 govem. 20.4 This Subcontract shall not be modifieQ or atnended in sny way excepE: (a} by writing eacecuted by hoih parEies: or (b) as otherwise eatpress}y pro�idec9 herein. 20.5 This Subcont.�ct shat( ba bindi�g upon and shatt insure ta the benefit of the panies hereto �nd their heirs, successors and assigrrs. 20.6 If any provision of this Subcontract is held to be invalid or unenforceable, then such invalidity or unenforceability shall not ai�ect tha vali�ity or enforcea6iii4� of the remaining provisions hereof, €eti of which z�emai.nutg provisions shall be enforeed ta the futlest oxie� allowed 6y applicable law. EXHIBIT A Contract Documents (To Be on file at Contractor’s office) EXHIBIT B Insurance Requirements and Certificate Exhibit B Insurance Requirements I. Sub-Subcontractors coverage must be as broad as that of Subcontractor. II. Our acceptance of a certificate with deficient coverage does not constitute a waiver of any coverage requirement. 1. General Liability: $1,000,0000 Occurrence, $2,000,000 General Aggregate. Products and Completed Operations Aggregate: $2,000,000 a. Primary/Non-Contributory Endorsements in favor of Holder. Endorsement must be attached b. Waiver of Subrogation, Blanket or Specific. Copy of Endorsement must be attached. c. Subcontractor must name “Block Builders, LLC” as Additional Insured The following forms are acceptable :AND a Copy of Endorsement FOR EACH of the following listed must be attached. I. CG 2010 11/85 (preferred) II. CG 2010 (07/04) AND CG 2037. (7/04) III. CG 2010 (04/13) or 2033 (04/13) AND CG 2037 (04/13) (acceptable) GL endorsements Not Allowed: Contractual Liability Limitation Endorsement (CG 2139), (or similar language) Amendment of Insured Contract Definition (CG 24 26), (or similar language) Exclusion Bodily Injury to employees of subcontractors, (or similar language) 2 . Professional Liability- Errors and Omissions. $2,000,000 (if applicable) 3. Workers Compensation: a. Statutory Coverage in the State where the work is being performed. I. The State where work is being performed must be shown in item “3A” and “3C” of the Declarations Page. II. A copy of the Declarations Page or Endorsement must be attached. b. Employers Liability $1,000,000/$1,000,000/$1,000,000 c. If any owner is excluded from coverage, they are NOT allowed on the jobsite. (See the attached ‘Workers Compensation Insurance’ Addendum) Signed form must be attached. 3. Automobile Liability: a. $1,000,000 Combined Single Limit. b. Scheduled or Blanket Waiver of Subrogation. c. Primary Non-Contributory wording. d. Names “Block Builders, LLC” as Additional Insured. e. If the Subcontractor owns autos, the following must be provided: I. Owned Autos. II. Non-Owned Autos. III. Hired Autos. f. If Subcontractor does NOT own vehicles, the following must be provided: I. Non-owned Auto Coverage II. Hired Auto Coverage. 4. Umbrella Liability $1,000,000 a. Certificate must state Umbrella is Excess over GL, Auto, and Workers Comp Employers Liability. Insurance Certificate Checklist: Holder: Block WT Cowan Place GC Joint Venture 619 Jefferson Hwy. Suite 2 G Baton Rouge, La. 70806 Instructions: Match the sample certificate B- 1 with the required attachments. A checklist follows for your assistance. General Liability Items: GL coverage shows, $1,000,000/$2,000,000 Aggregate. Holder named as additional Insured, shown on certificate. GL Additional Insured Endorsements attached. a. CG 2010 04/13 or CG 2033 04/14 AND: b. CG 2037 04/13 Primary Non-contributory Endorsement shown on certificate. Primary Non-contributory Endorsement Attached. Waiver of Subrogation shown on Certificate. Waiver of Subrogation Endorsement Form Attached. Workers Compensation Items: Workers Compensation Coverage shown: Statutory in the State, where the job is performed. Must list the State where the job is performed. Declarations Page attached. Waiver of Subrogation shown on certificate. Waiver of Subrogation Form Attached. Excluded owner from Attached, if Owner is excluded. Workers Compensation Addendum (if needed). Automobile Items: Automobile Coverage Shown $1,000,000. Additional Insured shown on certificate. Primary Non-Contributory shown on certificate. Waiver of Subrogation shown on certificate. Umbrella Items: Umbrella Coverage shown $1,000,000. “Umbrella is Excess over General Liability, Workers Compensation and Automobile Liability” is shown on the certificate. EXHIBIT C Application for Payment and Lien Waivers SUBCONTRACTOR APPLICATION FOR PAYMENT SUBCONTRACT NO. 20.503AD15 INVOICE NO. INVOICE DATE 619 Jefferson Highway, Suite 2G ◆ Baton Rouge, Louisiana 70806 ◆ (225) 930-9960 ◆ Fax (225) 930-9915 This subcontractor application billing is subject to home office final approval. OWNER SUBCONTRACTOR: SCOPE OF WORK: CONTRACT CHANGE ORDER SUMMARY SUBCONTRACTOR BILLING NO. ADDITIONS DEDUCTIONS 1. Original Contract $ 2. Change Orders 3. Revised Contract (1+2) 4. Work Completed To Date 5. Stored Materials 6. Total to Date (4+5) 7. Less Contract 10.0% Retainage 8. Subtotal (Line 6-Line 7) 9. Less Previous App. Of Payment (From Line 8 of Previous App) 10. Net Due this Invoice (8-9) TOTALS NET CHANGE LIEN WAIVER By Signing below, the Subcontractor certifies that all obligations due for work, labor, materials, equipment, services and other obligations pertaining to the said project through the above date have been paid in full, and that there are no unpaid sums and no unsatisfied claims for such items except as follows:____________________________________ Upon receipt of the current payment due together with previous payments, the subcontractor does fully and finally release and hold harmless, Block Builders, LLC, its surety, and the Owner through the above date from any and all claims, liens or other entitlements whatsoever pertaining to the above referenced project. Subcontractor: By __________________________________________ STATE OF: _______________________ COUNTY OF: _______________________ Subscribed and sworn to before me this ______day of _______,_______. ____________________________ NOTARY PUBLIC Subcontractor Signature Date: ACCOUNTING USE ONLY SUBCONTRACT # VENDOR # VOUCHER # GROSS AMOUNT RETAINAGE ___ % NET TO PAY CONTRACTOR APPROVAL DATE JOB # 20.503 COST CODE 03-5400 COST CLASS Subcontractors This subcontractor application billing is subject to home office final approval. EXHIBIT D Project Schedule Cowan Place EX�IIBIT E Scope of Work EXHIBIT E SCOPE OF W�RK • GENERAL SCOP� OF WORK o FRQJ�Ci it�QUIREMENTS = Davis-Baco�t prevailing wages are requir�d on this project. This subcontract inclt�des pre�ailing wages for this scope of wark see "Exhibit J". = Certified payroll is requi.red vn this proJect. See "Exhibit 1". ■ ihis is a tax-exempt project. This Su�contract EXCI.UDES all state and local saies tax on installed ma#erials. See "Exhibit J". ■ Payment and Perfvrmanee Bond is included per this agreement. o GENERAI� REQUIREM�NTS ■ Subcontractor shal! ha�e � complete understanding and responsibility for AL� Contract Documents (plans dated Dl/25/2�2�, specifications, addenda, �nd any changes thereta) for the purposes of cornpleting the Earthwork scope of wvork and coordination with other trades. S�bcantractor sha[I pay attention to ail Division One & 7wo — GeneraE Requiremer�ts. ■ Subcontractar shall complete ali rnrork in accordance wvith the Cantract Documents, manufacturer's recommended inst�llation methods, geotechnical report recornrnencfations and requirements, anti all appli�abfe codes. � Subcontractor shatl �urr�ish all taols, equipment, accessories, lifts, haists, cranes, scaffolding, slings, man baskets, yo-yos, harnesses, pfatforms, etc. netessary to camplete this scflpe of wark. ■ Subcontractor has included any and all applicable permit fees and Iicenses reqi�ired io perfarm this scape �f work in its en#irety. 5uhcontractar i� responsibl� for acquirir�g alf permits required to complete tktis scope of work. 5u6contractflr shali send a digital copy of a�y/all permits #o the Cs�ntractor immediately after the permit is receive from �he issuing entity. ■ Subcor�tractor is respvnsible for 3 mobilizatians and demobilization as related to t�is scope of work. ■ The huilding delivery dates are critital to the project. Subcontractor must comply with the schedufe anc! durations. ■ 5ubcontractar's proj�ct manager, superi�tendent, and fareman for the project are required ta attend the Subcontractor Pre-Con�tructian Meeting before mobilizatior� and werk cor�mencemen#. This me�ting wili oect�r approximately two weeks prior to mobiiization where the pro�ect team wi[f review a!I project coardination, safety, logistics, scheduling, and this Subcontractor's scape of work. ■�ubcor�tractor's superintendent ancf project #orernan are �-equ'ireci to attend the Weekly 5ubcontractar 5afety Meeting. This meeting will in�oive alI active and upcaming trades where the project team will discuss iookahead sched�les, field conflicts, coordination, safety, and dell�eries. Weekly attendance is mandatory. A fine of $350 will be deducted fram ihis Subcontract for every rrteeting missed.. r.� � = This Subcantractor �hail abide by ali a�plicable federal, state, and Iocal cactes and requiremet�ts. ■ Sub�on#ractar is responsible for all traffic cantrol, traffic control perrnits, road closures, road closure permits, sigr�age, flagmen, etc. necessary to complete this specific scope of work. • Subcontrattor shall coordinate with the Contract4r and alf other trades on the project to ensure a safe a�d time�y compiet'son af this scope of wark. ■ S�bcontractor is required to noiify the Contractor of an� existing or potential issues related #o their scope of work, #he consiruction sequen�ing, project safety, constrt�ctahiiity, schedule, etc. as saon as the issue is identified. These issues vvili be disc�ssed and caordinated with the entire projett team at the We�kly Subcontractor Safety Meetings. SUBCONTRACT MODI�ICATIOIdS • NQ CHANGES MADE TO THTS �ORM aDF SUBCONTRACT SHALL BE CONSIDERED ACCEPTED, AGR�ED UPON, f�IOR ACKNOWLEDGED. ANY AND ALL R�QUEST�D CHAMGES TO THIS SUBCONTRACT MUST B� 5PECIPICALLY DETAILED TN "EXHIBIT Z-SUBCOI�iTRQCT MODIFrCAT�ONS", TO THE ATTACHED ADDxTIONS, RfVISIONS AND DELETIONS ADDENDUM (TH� "A�DENDUM"). ONCE THE ADDENDUM IS INTIALED AND SIGNED BY CONTRACTOR AND SUBCONTRACTOR, iT SHALL BE CONS7DERED A PART O� QND INCORPORAT�D �NTO THiS SUBCONTRACT. SUP�RVISIOIV ■ SubcontracCor shall ha�e a fu�!-t�me Competen# Person on the project site at ail times whiie work is being performed for this 5ubcontract. See "Exhibit W". ■ Subcontracta�'s Competent Person shall be proficient in English as uv�l! as the language4s) 5poken by their suk�ordinates. ■ Subcontrac#or's Superintendeni and Cornpetent Person shall be reachable by ceH phane during wo.rk hours._ Unanswered calls must be returned within four working hours. ■ Subcontractor shall provide ta Gontractor the phone numbers of 5uper►risors who car� be reached far ernergency p�rposes, after hours, during weekends, and on holidays, 'rf the need ar�ses. o susnn�r�a�s ■ Subcontractor shaCl commen,ce with submittals and shop draw+ings immediately after tk�is Subcontract is executed. ■ Subcontractor shall submit a�l submittaFSvia email and Procore. Email submtttals to: • Sen 5mith—Senior Project i�lanager (ssmitf��blockcom�anies.corn) + Lynn Crow—Project Superin#endent (�crow(c�biockeampanies:com) + Casey G�aham — Asst. Project Manager[c�rahami«�blr�ckcomnar�ies.comj ■ Submitxals wili be appra�ed ar�d distr'rbuted via Procore alone. ■ S�abmittals are due to block company immediately. o PROJECT SITE ACC�5S ■ The project site will be a�en between i:00 a.m. and 5:00 p.m. Monday through Friday, and between 7:00 a.rr�. and 4:00 p.m. on Saturdays. Extended hours can be arranged with the Co�tractor with at le��t one v�ree�'s notice. o DELiVERIES, STOttAGE, and STAGING ■ Subcontractor is respon�ible for afl freight, shipping, handling, loading, unloa�ing, and storage af all materials and e�uipm�nt required for this scope of work. Coordinate with the Contractor for rr�aterial st4rage focations, ■ Store and protect all materials according to the manufacturer's instructions. • Coor�dinate a�i storage containers, jcrb boxes, conex contai�ers, mobiie offices, etc. vwith the Cantractor. � Af! detiveries ta the project site must be coordinated wi�h ihe Cantractor. Subcantractor must notify Contractor 24 hours prior to any de#i�er to th� project. No deliveries wifl be accepted between 5:00 p.rn. and 7:QQ a.m. = Qff-loading of materials and equipment from deli�ery trucks must be complete in the designated loading zones. Caardi•nate with the Cor�trattor for afF loading of materials and equipment. � Contractar wilf pr�vide a staging ar�d !ay-dawn yard adjacent to the pro�ect site. Subcon#ractar shafl coordinate wit'h the Cvntractor for staging of materials and equipmer�t in the lay-down yard. Subcantractor shall keep their portion of the lay- down yard free of an� trash or debris, and it shou�d be maintained in a neat ancE orderly fashian at all times. o CLEAN-U� Subcnntractor is responsible for aa! eieanup of tras;h and debris as a resu!# of their scop� of wprk ■ Dumpsters will be pro�ided hy t�e Contractcsr at specific locations on the project site. Subcontractor is responsible for remaving its awn trash and debris from the construction area and placing i� inside the d�ampsters. ■ Subeontraetor shall dean up the area(s) where work was performed on a daily basis. All construction debris and trash created sha11 be moved tv the dumpster at the end of each day. No trash or debris �hall be left out overnight. � 7he Cantractor will coordina#e a cornposite cleaning crew o�e day each weeEc for genera! project site clean-up. The composite clea�ing crew wilf not be used to supplement this Subcontractar's or another subcontractor's lack of required cfeaning. lf this Subcontractor is actidefy working nn the pra�ect, then S�bcontractor is requ�red to dedicate one worlcer for eight hours to th:e composite clear�ing crew every week. ■ Daily ciean-up anel composite cteaning erew participa#ion is reauired by this 5u6cor�tractor and all other subcontractars work on this project. ■ Subcontractor's schedule o# �alues mwst inciude elean-up Iine items for eaeh fkoor or area. Cleaning clraws wiEl be withheld i.f this Subcontractor fails to clean their work areas or particip�te in the composite clea�i:ng crew. o SAF�iY ■ Subcontractor shal! deliver its safety pragram and praof of compliance with ai1 Occupational S�fety and Health Adminisfiration �OSHA) requirement� avithin 20 vworking days of the contract date. � 5�bcontract�r shall furni�h Contractar with �n electronic set and ph�sical bound set of current SDSs. 0 0 ■ Subcontractor shall maintain an active safeiy program throughout the duration of this scope of work. Subcontractor s�all copy the Contractor on all weekly training and safety carrespandence. ■ Subcontrac'tor shall supply all persanal safety equipment, PPE, de�ices, etc. necessary to complete this scope of wo�k. ■ Subcontractor shali supply, instali, and ma�ntatn any and all safety measures required €ar t�is scope of wark. ■ If 5ubcontractor creates a hazard as pa�t of it� scope of work, then Subcontractor is responsible for protecting the hazard and maintaining that protection until tf�e hazarc{ is re�ediated. ■ I# excavatian is requireci for this sco�e of wark, then Subcontractor is responsibEe for a[l trenrh ar�d excavation safety. ■ Ali persons aperating machinery or equipm�nt forthis Subcontract shali be certified for that equipment and rr�ust carry t�eir certi�cation on them at afi �imes. ■ A!I persons working on the project site m�st complete the safety orientatio� before they commence any work. Sa�ety orientation vuilf occur e�ery wark�ng mo�ning. a safety orientation sticker for this project will be iswed to each warker and they rr�us� be displayed fln the worker's hard hat at all times. Coordinate with tk�e Contracter for a�l safety arient�tions. FtELD MEASUREMEIVTS & LAY(?UT ■ Subcontractor shall field measure all existing eonditiQns before fab�ieation and befare installation of materials. ■ Subcontrac#or shall perform aH layout necessary for ihis scope of worlc. Contrattor will pro�ide temporary benchmarks, building carners, and gridlines. CI.�SE-OUT = As-Builts — Subcontractor shafl maintain As-Bu'rtt Drawings (as-builts) #or this s�ape o� wflrk throughaut the d�ration of tl�� project. As-builts shall reflect the actua! insta[lation of the matErial� within thi� scop� ar�d any de�iations from the Contract Documents shall be noted as suth. As-bt�ilt drawings shaFl be su[�rnitted to tF�e Cantractor etec#ronieally before substantial cornp[etion of the project. ■ O&M Manuals — Subeontractor sha41 furnish Operation & Maintenance Manuals �O&Msj for all systems and eqt�ipment instalted within this scope of work befare �ubstantial completian of the praject. Deliver physical 0&Ms to the Contractor's office with a fla�h drive containing a digitak c�py af the O&Ms. Rhysical and digital O&Ms are both require€9. O�CMs shall inelude the foflawing: • Subcontrac�ar name, physical address, phnne number, and ernail address • Warranties for all systems and equipme�t . Warranty and em�rger�cy contact inform�ti�n • Schedules of systems and equipment • pperation manuals for all systems and equipmen# • Maintenance manuals �or ail systems an�l eqttipment • Pro�uct data f�om ��prv�ed project submittals for all rr�aterials, systems, and equipment ■ Gose-Out Reser�e & Retainage Payment . As-builts and O&Ms shall be cfelivered ta the Contractor prior to �ubstantiak campfetion. • 1� the Subcontractor's as-builts and O&Ms are not received before the praject's su�stantial compietion, then Con�ractor will withhold $2,000 of the Subcontract�or's fina� regular payment �no� �etainage) unti! the reg�ired as-builts and �0&Ms are received. • Contractor wili vvathtrofd all au#standing re#ainage erntil the r�quired as- builts and 0&Ms are received, • Final retainage payments wiil be released to the Subcontractor upon the final approvai by the Owner, Archltect, and Contractor. • SP�Ci'F1C SCOP� OF WORK—Subcontractor sha�l prarride al'I equipmeni, �'naterials, labnr, taols, �nd accessories necessary to completely furnish and ins#afl the turnkey Eart�work scop� Qf r�rork as shawn and described in the Contraet Documents. o Earthwork • All site surveying as required •�rosior� contral to be provided by ot�ers. • Subcon#ractar ta get fina! grade +/-il•1D'• + 8uifding pads h�fd ciovr�r� �.�' per f'rrtish floor ele�ation. • Subeontractor to cantral dust on site/surrounding streets, as necessary. • Geo-techr�ical repart shai! be re�iewed, �nderstaod and f�llowed. Terracon Project �lo. 95195208, Dated 42/28/Z0. • All work commer�ced shali be ir� accordance w►ith pians ar�d specs. . All f�nished grades shal'k transitiQn unift�rmly bet►iween the �inished e{evatians sfiawn. ■ Site Preparation : 5ubcontractor shall verify the su�tab'rlity o# exis#ing and proposed site conditians including dirt suitability, grades and dimensions befare start of tanstruction. GC wiil be natified imrnediately of any discrepancies. • Removal of Existing Cor�crete Pa�ing per demo plan, offsite. • Remo�a! of Existir�g sidewalk per demo plan, offsite. • Rer►�oval of'Existing r�tafn'sr�g wall p�r demo plar�, offsite. • Clear and Grub. • Stri� a.nd Stotkpile topsoil. . S�bcontractor to excavate and complete detention p�nd per plan. . Haul vff af any unusabie c4irt oi#site per the scppe of work. � Bt�ilding Pad Preparation • ExCa1►ation o Bank cut to �ll, back cut to waste, compact a5 requir�d by the geotechnicai repart and test�ng fab requirements. + Embankrrtent o MoiStur� conditians spoits to waste, moist�re canditioning ta 10', f�ex base or �elect fill cap 1'. . Par�ing Preparation o�ine grade after utilit�es, cut �nd rerrmove debris and campact. Facc�ss rr�aterial to �e remaved offsite. Cowan Place N ��_�_�_� i�_� _�� Subcontract Modifications ��HIBIT Z SUBC4I�TRACT MUDIFICATIDNS EXHIB[T Z Revisions to the Subcontract Bf�ck W�' Cowar� PEace GC ]oi�t Venture with Rumsey Site Canstructian, LtC Page 1, first parsgrapi� shafl Fre madified to read as faFlows: "...C.oncract, Sec#iou Agreement, and C�A and er�y a8denda thereto end appiicahEe portions ofwhich plans and specifcations and any drawings or additioos ihereto a� here6y �nrorporated within. and msde a part o#' Fhis 5ubcontrac� and a�ie heresfier cotlectiveiy referred to as the "Contract Dt�cum ents°, mad...,, Page l, Pxragr�ph C shall be modified to read as follows: "....Tfild PL�RCENT (i0.0°/fl) withheld for retainage, m be paid when Sub�ntractor xeaiciles substanEi� campletion af their Soope of Work." Provision 2.3 to read as foflows: S�bcontraetor hereby specifically ac[rnowledges and agrees Eo the additiana[ ir►demnification provisions en�rated 'rn E�chihit J attached hereto and incorpprated herein, BUT ONLi' TO THE EXTENT IT Af�PLiF� TO Tf-� PiJBLIC PORTION bF THE PROJECT — OTHERWiSE, PARAGRAPH 2.1 APPLIES Provision 4.7 to read as €oEEaws: S�bcontractor agrees that in performing its Work, it witl not creare, use or daspose of any hazardous ahemicals or suhstances in an uniawfnl or hazardous manner �nd shall be responsible for the lawfui, proper and safe E�andling, storage and removal af �li hazardous waste, chemicais and suhstances which are introduced tp the site by 5ubcontractor. The tarm "hazardous waste, chemicels or subs�anaes" shafE mean tlaose materiais and suhsE�nces prohibited, proscribed, or the u� of which is contralied by any agency of the federal governm�t or the applicab�e siate or E6eal ag�rtcy F�aving }urisdiction af such matters. Subcontracfor shall camply with sll federal, state and kocal regulations dealing with the use, storage ar dispos�l of all E�azardous waste, chertiieals a€�d substances. Subcanvac;or sha11 be respo�sibEe inr any and aEl elaims ar�d damages resniting fiorn the use, kiandling, storage, reEnovai and disposa! ofhazardous waste, chemicais or suhstanees it has intraduced to the Project site, and wi[# defend amf ho[d Catitractor harmiess from anq and aII lia6ility associated with s�ch use, handling, stcnsge, removal and disposal iricl�Qing reasonabEe attor�eys' fees and costs and reason�bfe costs ufa11 cEean-up operatiorEs wherever and whenever iequired by any govarnmtntal autfiority. Provision 5.4 to read as follows: SubconFr�ctor guaz�tees that the wock shall be frea from defecis aad shall wnform to and meet tha regt�irements of tEae Contraci and ttEe Contxact Docurnents, and shatl fumish any separate guarantee for the work, or portions rhereof, ccquired under the Can�act or Contract Documents. S�bcon4actar agrees to make, Femov+e, replaee, repair, to rhe satisfacti� of tha Uwner, any poction �r po►i'rans of the work wbich prove defer.tive within one (1) year (or such longer period as may.be s�neoified in the C�ontract Documeetts) from 4�e date of accept�nnce o8the Projeci by Owtser provided, however, tlsat this oksligation shai! in no respect �itnitaish Ehe d�rrffiion of Yhe a#'oresaid warranty, or exclude other warranties provided by law or the Con#ract I?ocefinents. Provisioe 7.1 to read as foIia�n+s: 5ho�id ar�y claim, dispute.nr other matters ia question arise be4woca� Contractor and �uUcontractor eonceming any mat6er invotvir�g or arising o�t of this Subcontract, the %9lowing procedures sizail apply: 7.1.1 The dispute or conrroversy sh�lt be subrniited by one p�ty to the o�er 'cn wr�ting. 7.l.2 Thc parcies shal! malce x good faith �ttempt to settle si�ch dispRcte. 7.I.3 If su�h dispute cannot be settEed betwcen ihe parties then ihe wr�lten orders ar directions of Contractor shall be fo[lowed by 5ubcontractor wilhout waivcr vf SubconTractar's claims, dispuies or domands resulting Yrom foltowing Con�raecor's order or Ulree[ians.. 7.1.4 The parcies agree that all ctaims, dispuroes, or other matters in questiort will be �t'iiitraEed. A[l erbivation shall6e conduGted in sccordance with rhe Constiuctian ind�stry Ruies of the American Aebitration Associauan then obtaining. �d the aw�rd rendered by the arbi�ators sh�ll be fnat and binding as m any decision on any questions offxt arxi judg�ent �pon the �wsrd by the �iitratocs may lae entered by �ny cuurt having jeuisdietion. TE�e parties agreo that either party � elect to abtsin a ieasaned awar�i itmn tl�e arbitratnr(s), wbo shatl be cequired to state m a written Dpirt�on ihe Facts and canclusions af law telied upon to sag�oR €tte deCis'rUn retadered_ En the event a�a�ty elecks to pcercise the foregoing option, fhe arhitrator{s) will not have the autho�ity or perwer to (i)'render x decision which conCains a�vets'tble err6r of.state or federa1 i�w, or (ii) to apply a cause of action or remedy rEot expcessEy peovi<ied fQr u�dtr �t.isting state or federai law. i'he parties: e�eessly agree that if the ar6itrator(s) issues an award in excess of tlie powers as pro�ided here�� hat awatd r�ay be suhjer� to partial vacature as to t�e po�fions of �he. award that eanta'sn a reversible error of state or federsl 1aw or which i�cluctt a casse of action or remedy notc�p�ssly:prmv�ded far u�der eXisii�g stace or £edera] law.. Claims relating to the Owner sk�aEl 6e reso}ved in �e manner provided in tihe Contract Doc��nts €or claims agairEst ihe Ownsr. 7.1.5 The p�vailing �aity in any d;spute govemed 6y t3,is Article shaH be entitleil to recover ccaao�sble atkornoys' £oes and axpcnses, i�lcludir� tho retention of exper� witnesses, as well as casts of caurt or arbivation, provided, however, that ail said fees; expenses, and costs rnust he doc�merrted and vcri�ied, 7.1.5 The agreemen# Eo arbitrate set forth abpve 5ha1{ be specificatly enforceable �nder the preuaiiing:arbitration law. i7ae venue of any suit or arbitration for any breaeh of this Agreernent is heieby agreed to 6e in }faarss County, Te�ess. Add fhe foilowing sentence to Prpvision 8.1: ]�ofivithstanding anything to the contrary herein or elsewhere in the Cantract Docurnents, Subcantractor sk�all not be liable for any delay in its work resulting from the act, amission, negligcnce, or default of Contractor, Orvner or Archicect, or hy reason of fire or other casualty, or on �cccount af rtoFs, strikes, or other combiaed actioz� of the wockmen or other, or o� �ccount of any acts of God or ariy other eauses beyond Subcontractor's conErot. Provision 8.2 sh�kl re�d as fallaws: Contractor shall not he liable to �ubcontrac#crr for any delzry in Subca�craetar's woek resulti�g from the act, omission, �egligence, or defaulE of Owner or Architest, or by reason of fire or other easua�Ey, or on ar�ca�tatt of riots, sErikes, ar otl�er cornbined acGion oPthe rvoclanen or c>ther, or an acco�nt of �ny acFs of God or any other causes beyond Cnntractor's conftoi or on aecaunt of arry ci�aumstances cattsed or cantributed to 6y S�bcontracYor, pro�ided, however, notwithstand'aqg any�Fting else contained Lerein, tha Contractor wifl be IiaGle ta the Subcnntracroor for damages it incurs as a result of any acts or failures to act, by the Owner which de�ys or susper�ds the S�bcanuacLor's wocic only to the exient tha C3wner is liable to Conuactar for such damxges and actually pays the Coimar.�or for such dar�agcs, it being expressty undastood tihat the only obligation the Contractor }�as to pay to Fhe Subcontraclor under this provision is to pass on to the Owner �y c#aim the Subcontractnr as a resu3i of sueh eiaim the Su6co�tractor has for damages for delays caused by Ehe Owner anQ to pay to the Subcontracmr sny amounts rvhich tha Owncr pays to the Contracbor as a result of such claim for Owner cae�sed delays. if Owner has not paid Cont�actor �lamages for any de�ays or suspensions !o Su6contractor's work, Sabcontractar's saia and exciusi�e remady+ against Contractar sh�ll 6e an extension of time for comgletion equai tn the dclay �t issue, and thcn only if a writt�n cEaim �'or delay is made cb Contraccor and Corrtractor is aw�rded an extension nf tira�e by Owner. SUBCONTRACTOR WAIVFS AND REI.EASES CONTRACI'OR FROivt ALL GI:A�fS AIVD CAifSES OF ACTION AGAINST CON"1"RACTOR FOR BAMACfES AR.ISING OETT Qfi IIELAYS, IiINDRANCES, Si3SPE1�iSlO1�iS, OR IN'i'ERRUP7'lONS CAUSEIS pR ORDERED BY CONTR1�CTbit, EXCEPT THE'I'iNlE EX'iENSIOTF AS SPEC�ICALLI' PROV�ED �REi1�. CflN'i'KA.CiOR WAIVES ANJ7 REL�P:SES SUBCOIri'IR.ACTQIt FROIv# ALL CLAIMS ANB CAUSES QF ACT'IO151 AGAI�IS'!' Si]BCO1VT3t�.Cf'OR POR DAMAL'iES ARfSING OUT OF DELAYS, HINT)RAI�CES, SUSPENSIONS OR iNTER�UYTIONS RESULTII�ICr FROM THE ACT, OMISSION, NEGLIGENCE, OR DF�'AULT QF CO3VTAACTOR, 09VATER QR ARCI-IITECT, OR BX TZEftiS�1 OF FIRE OR OTHER CASUALTY, OR OI�t ACCOUNT O�P RIOTS, STRIKES, OR OTHER CONtBINED ACTIt3N OF Tf� W£�RKMEN OA OTHER, OR 03V ACCOUNT OF ANY ACTS OF GOD Oii P:NY QTHER CAIISES BEYONf] SLiBCOi+fTRACTOR'S CONTROL Provision 8.6 to read as follows: A repiesentative of 5ubcontraccor wift► �uthority to mske bindittg decisinns, shall attend evtry VVeekEy Frng�ess Meeting and Qther meetings cel}ed by Contractor. ShoutQ suth Subco�tractar representstive fail to attend any such rneetictg xfier havi�g received written i�otice of the meeting, CvntracWr may withhold the sum af $350 {as [iquidated damages) frotn sw�s otherwise dae 5uboontractor, €or each �nd every meeting missed 6y S�6contractor. Provision 10.7 to read as fnllows: Conuactor shall be entitled to offset from and againsY any sum due the Subcoiitracturhereunder the arrkourn of any sum that Subcoatractor may awo to Coniractor under any ofher written agreetnc[tt with �ubcontructor. �on�actor to provide a priar written notice of potential chargebacks. Provision IU.13 to read as Toiiows: Upon payment by Contractor, 5ubcontracxor agrees to tum its work �eroundes over to Contractor ia� goad condition, free and clear of �11 claims, encumbrat�ces and liens for labor, services or materials and to pmtect anti keep Contractor and (hvner hazntless from all cl tu�v5, tncumbrances and liens growing out of the performance of its work hereunder and a31 maintenance requued x�crder the Contract Documents. If Subcontracroor, during the progress of tu worfc hereunder, ar aE ar►y time there�fter, sYiall fail to pay €ar,ali fabor, serwiees and materials tised or pucchased £or use in the prosecution of its work hereunder ContracEvr may, at its optinn, and with notice to $ubeor�iractor, pay sEl such ciaims and charge the amounts thereto to 5ubcontractoe. in the event 5�tbcontractor l�ss baen pazd a�d, fb[low'tng such paymen�, suit is.fi#ed by any persan, firm or corporation assertiqg a c�aim or iien far fabar, services, or rr�atcri�ls used or purcliesed for use in t�e work covered by this Contract, 5ubcontractor wiil, at'�ts own eost and expense, including counse! £ees, defend s�ch suit and pay any jud�ment rende�ed �herei�. Ta Provision 11.2; repl�ce the wnrd "sny" with" reasonable". provision i2.1 fo read as fnllows: Subcon[Tactor �epresents that it.has inspected and tharuughlyexamined the premises or properEy kvhere or upon which the work covered by this Sabconhact is to 6e.performcd, hss satisfied iiself as to #he condition therto� and �at che �baani�aet price is,µrst aiui reasonable compe�sation for a!3 the work, including all foreseen and reasonably foreseeable risfcs, ha2�rds, and difficuFties 'vi Co�necti6n therewith. Su6contractor's fai}ure to ca�duct an indushy sianeEard inspection anik exam�ation of fhe gr�ntses or property rasufting in its subseyuent inabiEity to perFor►n the work hereunder or �ny portion thereo. � according to the terms and condiYio�s af #his 3nbcontract, shsll in no way relieve the Subcoi�tractor of its a6ligations ui�der this Subcontract F�uhher, no verbal agreement, iepresentetion or con�ersation with.mry offcer, sge+� or emptoy�e of.the Contractoy Owner, or Architect, eil�er prior ao or �er the execution of El�as Subconuact, shall sugersecfe any of the terms or obligatians contained herein. Pro�'rsion 7.2.3 fo read as follows: During tlte tetms of this Agreement artd f€rr a period af trvo yeais faElowing completion, Subcont�`a�ccnr sl�ali promptly .correct end remedy any improper materiafs or defective warlrnianship snp.pll�d orper�'or�ried hereunder snti;jeat.to the approvsl and accepcacrce ofContractar and Owner or their authorized repsesentatives. lf Svbcontr�or should refuse snd neglectlo proceecl � once wit� such acti�in eftsr receivixg �oEice to do so, either during the consductian pe�iod or warra�ity period, Gbntr�etor �nay have the defects remedisd w ch�nges made �d deifuct therepf frorR any amounts due or tci become due Subcontractor hereeendar or r�cover suek cost from S�bcontractor's s�etq. Pursua�at to the faegoi�g, Subcontracto€ and its surety agree to pay Co�iractor an demarni un amount equal roo any ressona�sle ioss ar exgense p�id or inc.urred by Cnntractor in rsmeiEying any auoh siafoata or making �ty �uoh changcs. Pravisip� 15.1.3 to read as follows: After five (5) business days' wri� norice sent to Subcontracior's 4ast krmwn address, Contractor tnny+ ter►nittase Subcantractor's righi w praceed with perform�nce of its work fiereur3der in whoie or in part, and compiete the wurk or any portion thereof cov�ered by suc� terrninationy or have the same completed or corrected by others, in which event Contractor shali noC be lisble to Subcontractar for any further paymenu e�der this Subcontract until the Fnal payment by Owner under the ContraEi, and s}�afi then 6e }iable only to the extent, if any, #haE the unpaid haiance of ifie SribconEract p�ice sxceeds any reasonable loss or exper�se to Contraetor from completing or correcting oE having others comptete or correct the work to 6e performed hy Subcontracto€ her�mder> or any pc�rtio� chereof ccrvered by the termination, pEus any other [nss or damage that Contractor may have sustxined by reason of Suboontractor's bresch ar defa�rk. in the everit of any such termination, Subcontractor shall delivcr to Contractor such supplies, materials, work in progress and finished work, and such other items as hava.been purchased, fabricatecf, constructed, or acquired Fiy SabcQntractor in the performance of or for the purpose of performing its wotk hereunder, or the portion thereof covered by the termination, and Coni�-actor any, at iu option, take possession of and use in compteting tike work, or Ehe terminated portion thereo� arry or a!1 subcoaYracis and purchase orders or any supplies, appliances, parts, or materials of Subconir�ctor ttaat are on the job site; Provision 15.2 to read as follows: No action tak�n by Contractor under the provisions of t�is paragraph shell ceiieve Sabcontraetor firom �ny lisbitity for damages, including damages resulting from a de3ay in flte performance of wbek undcr tiie Contract Documen�ts, s�stained by Contractor as a result of arEy breaches or defaults o# Subcomractor hereunder.lf the reasnnahle �mo�mt expended by Contractor, or any utf+er �S�iy perfo€ming at the instigation of Contraett�y i� completing all or any portion nf the work tv be perFormed heaeunder and arry darnages s�stairted by Contractor as a resttli. of Subcontractor's breach or default herearrder exceeds ti�e unpaid halance of the 3ubcontract price, Subcontractor and its surety agree ta pay Contractor ihe fistl atnount of such excess and/or Contractor may deducY said excess from �ty sums fhen due or therea4%r due SubcontracEor undsr any other agreements between Concractor and Sul�contractor. A breach by Stebconfractor af ti�is or any nther Suhcantract wiEti Comractor Enay, at the aption of Co�tracwr, 6e considered a breach of all subcornzact agreements �nd Contractor may exercise its remedios aocoedingly. Canuactor may o#iset a�ainct �ny sums due Subcontractor hereunder the aznount of any liquidate.d or uaiiquidated obligations of Subcontractor to Coatractor arising out of this Subaontract or any other �greement betweer� Contrac�r and Subco�tractor. Provision 15.5 to re�d as follows: T�e rights a�d recnedies pmvided Cont�actor �snder this Article, and pursu�t to any other provisions soatained herein, shal� be cumuiative and are not intended to preveat resort by Co�ttractor to any other remedy affarded by law or irr equiry. Notwithstanding an�+ pFovision ta the contrary herein or elsewhere in the Contracc Documents, Confractor ss onfy entided to one recovery fc�r any dsm�ges sustaineil. Provision 37.8 sh�l1 read as follows: Su6conTractor shall provide sufficient s�fe and proper fscilities at all times for the inspection of its work 6y Confractor or r#rchitect or their aathorized represenYatives, and shali within twenty-fiour (48) hours after receiying written notice 5'nm Cnntractor to sueh e.ffect, pror�,eed to dismantle or taice dnwn atl portions of the work �nd remove fram the grounds and buildings ail materials, whether worked or unworlced, which Conttactor or Archittct sha[[, with sufficient grounds, condemn as unsound or impropei or which shait tail to Coflf4rm in sny w�y to t�e ContraCt I7ocuments, and sha[[ make gooc� a!I such work condernned and all ather work.damaged or ilestroyerl in iemoving or maki�g good such condemned wark. The failure of the Conuacfor to d�rect the removal of any wark nat +n eompliance wEih the Eontra�t Daeuments sha[I not release ar lessen Snhoo�tractor's sole cesponsibility for its woric armpiying with t3�e Contract Doeuments. However, SubcnnEractar shall not remove any other materisl from fhe job without Contractors' iwritfen permission. Provision I7.9 sh�l1 read as foilows: Subcontractor agrees not m reeno�e any guards or safe .ry devices on or �baut the job sitc, ezce�t upon ihe prior v�'rsite� ioStruction of C�ntraCtor'S saperinte�denl, and to replace such guards �d devices promptIy: In the event Snbcontr�eior faiis to �alce such repl�vements Cantracior may do so and charge the reasana#�l� cosi thereofto 5ubconuactor, and 5ubwn�actor shail be sgteiytiable for �y injury, �oss, or damage occurriog as a rasnit thareof. Provision 17.1U shatt read �s follows: S�bcontractor ag�ees to protect, indemnify, and hold Contractac F�armless &bm any and atl claims or suits for infringement of �atenfs, or viofatian of patent rights by Submntractor, and further agrees to pay all reasonatrle losses and expenses incurred by Contractor by Eeason of any such claims or suits including counscl fees and court costs in connaction therewith. Provision 17.11 ahall read as foiiows: Subcontractor shall ciean up and deiivar to the area designated by Contractor a}i rubbish and dobris resttlting from his work, and shali clean up to the reasonable satisfsction of Owner �il dirt; grease, marks, and axay ofhtr maierial from walls, eeilings, �loors, fixtures, and any other portiun of any buiidirrg located on the job site placed thereon ar iefi 6y Subcor��ractor in conneccic�n with 'sts woek hersunder. If Subcontractor Fails or refi�ses to perform as directeci pursusnt i�ereto, Cantractor may .then proceed to perforr� such rEuties and subconEractor wi{[, on demand, repay to Contr�ctor by decfuction �rom smounts due Subcantractor here�ider or by way of cl�im against �ubcond'actor or its s�t�sery, ali ieason�Fe costs incurred in connection with Contractor's performance of ssch duties. Pro�ision 18.i is deieted. Provision 20.3 shali read �s toliows: This Sabcontract and Ehe Conh'act Documents are intended to supptement and complement.each uther and shall where possible be thus interpreted. If, however, any provision ofthis 5ubcontraci irreconcit�tily conflicts wiEh a pravis'►on af the Contract Documents, ihe grovision imposing the grcater duty on tlre 5ubcontracturs shali govem_ Bond No. 4452363 1 2 3 4 5 6 7 8 9 SECTION 00 62 13 PERFORMANCE BOND 006213-1 PERFORMANCE BOND Pa�e 1 of 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Block WT Cowan Place GC Joint Venture, known as "Principal" herein and Markel Insurance Company, a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and 10 firmly bound unto the Developer, FW COWAN PLACE, LP, authorized to do business in Texas 11 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 12 sum of Three Hundred Ten Thousand Nine Hundred Seventy-one and 00/100 Dollars 13 14 15 16 17 18 19 �$310,971.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth . by and through a Community Facilities Agreement, CFA Number CFA -21-0049;and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded �� 21 the <� day of Se'P��►'�l3C'Z- , 20 Z/ , which Contract is hereby referred to and made a 22 part hereof far all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as WATER AND SEWER 25 26 IMPROVEMENTS TO SERVE COWAN PLACE . NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised January 31, 2012 COWAN PLACE IPRC 21-0016 CPN: 103219 006213-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED w 8 this instrument by duly authorized agents and officers on this the � Li� day of 9 SEnrG7►,��-rz, , 2o al . io 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTE T: (Pr' cipal Secretary . Wifi s as to Principal � �� Witness as to Surety PRINCIPAL: Block WT Cowan Place GC Joint Venture ,__ ___._ � B �� __ _. _ _.- -- --.--=� ,_ � � Signature ��s o n E Kc1 �� M an aq rn� L� i rec-tor Name and Title ••. - ��.� �� • .■� . �� ► . SURETY: Markel Insurance Company BY: gnature Johnny D Hampton, Attorney-in-fact Name and Title Address: 9270 Siegen Lane Ste 104 Baton Rou�e La 70810 Telephone Number: 225-768-1313 44 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address, both must be provided. 47 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CPN.• 103219 Revised January 31, 2012 s Bond No. 4452363 1 2 3 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 14 PAYMENT BOND 006214-1 PAYMENT BOND Page I of 2 § § KNOW ALL BY THESE PRESENTS: § 7 That we, Block WT Cowan Place GC Joint Venture, known as "Principal" herein, and 8 Markel Insurance Company, a corporate surety ( or sureties if more than one), duly authorized to 9 do business in the State of Texas, known as "Surety" herein (whether one or more), are held and 10 firmly bound unto the Developer, FW COWAN PLACE, LP, authorized to do business in Texas 11 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 12 sum of Three Hundred Ten Thousand Nine Hundred Seventy-one and 00/100 Dollars 13 ($310,971.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made jointly unto the Developer and the 15 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CFA Number CFA-21-0049; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the �Pr'� h day of jG�P��n'L , 20 �-) , which Contract is hereby 22 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 23 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 24 Work as provided for in said Contract and designated as WATER AND SEWER 25 IMPROVEMENTS TO SERVE COWAN PLACE. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defned in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised January 31, 2012 006214-2 PAYMENT BOND Pa�e 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the�� day of 6 S�'P��rit�1�n— , 20�- ATTEST: (P ' cipal) Secretary . �Q Witnes s to Principal ATTEST: � �' `' � �� o_-- ..,�.� Surety) Secretary �� U Witness as to Surety 10 11 12 13 14 PRINCIPAL: Block WT Cowan Place GC Joint Venture > � - � B - Signature �1 aSon � Y-C11�v - M a naa�n,, j�i rec k�r Name and Title � Address: �151,�5 DQSfi Du.1Z Plau- �►' � v1'� 15G t-i�-E�rT�v �1�Z� SURETY: Markel Insurance CompanX � Y: Si ature Johnny D. Hampton, Attorney-in-fact Name and Title Address: 9270 Sie�en Lane Ste 104 Baton Route La 70810 Telephone Number: 225-768-1313 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised January 31, 2012 006219-1 MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 19 MAINTENANCE BOND . KNOW ALL BY THESE PRESENTS: That we, Block WT Cowan Place GC Joint Venture, known as "Principal" herein and Markley Insurance Company, a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, FW COWAN PLACE, LP, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of Three Hundred Ten Thousand Nine Hundred Seventy-one and 00/100 Dollars ($310,971.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, far payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA-21-0049and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 14�' day of S6P Te ��.g r� , 20 ��, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and desib ated as WATER AND SEWER 28 29 30 31 32 33 34 IMPROVEMENTS TO SERVE COWAN PLACE; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CITY CONDITIONS — DEVELOPER AWAR.DED PROJECTS CPN: 103219 Revised January 31, 2012 006219-2 MA[NTENANCE BOND Pa�e 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the ��2� day of � 5��'r��n�� , 20�. 4 5 6 7 8 9 10 I1 12 �� 14 15 16 17 18 19 20 21 ?? ?3 24 25 26 ?� 28 29 30 31 32 33 34 35 36 ATT T: (Pru►cipal) Secretary • �� Witn s as to Principal A � T. � _- � -��_�. - -� I �"- ( ure ) Secretary �1�� Witness as to Surety PRINCIPAL: Block WT Cowan Place GC Joint Venture _� _ �� _ - ---� _ BY:-�- — �'""'�—_`' _ �_ i�nature � �on � ke�lcr � �llanaa�n� Di �u.� Name and Title �� • � � - p� 1. . • �1� � � .�� t � I SURETY: Markel Insurance Companv BY: Signature Johnnv D. Hampton, Attorney-in-fact Name and Title Address: 9270 Siegen Lane Ste 104 Baton Rou�e La 70810 Telephone Number: 225-768-1313 37 *Note: If signed by an offcer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised January 31, 2012 POA# 1810030 J�INT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec tnsurance Company, a Corporation duly organized and existing under the laws of the State of Texas an� having its principal office in the Cou�Ly of Ffarris, Texas and Markel Insurance Company (the'Company"), a corporafion duly organized and existi�g under the laws of the state of Illinois, a�d having its principal administrative office in Glen Allen, Vrginia, does by these presents make, constitute and appoint: Johnny D. Hampton Their true and lawful agent(sJ and attorney(:}-in-fad, each in their separate capacity if more than one is named above, to make, ezecute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the pena! sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board oE Directors of SareTec lnsurance Company and Markel lnsurance Company: "P.ESQIVED, That the President, Senior Vice President, �ce President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attomey, and such authority can be executed by use of facsim��e signature, which may be attested or acknowledged by any officer or attomey, oP the company, qualifying the attomey or attorneys name� in the given power of attorney, to execute i� befialf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNE55 WHEREOF, Markel Insurance Compa�y and SureTec Insurance Company have caused their o�cial seal to be heceunto affcxed and these presents to be signed by their duly authorized officers on the zsm day of June . zozo . SureTec Insurance Compa�y SURANc . . ��;..""„``.F �~�j X q �o w• u' 2a� BY� ��, 5 �2a Michael C. Keimig, President '�� .,,,1 � ��' Commonwealth of Virginia �ti *.,� County of Henrico S5: ��.�V�� i�� Marke! Insura ce Company `?� ��.�'O' '� ` ---- �= SEAL :;_ � �' �tit�� —�: :_; ey :`t'•.?tmio�s.� �.. - %��'"r'*"„````�. R in Russo, Senior �ce President On this zsm day of ��e � 202o A D., before me, a Notary Public of tfie Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFIGERS OF THE COMPANIES, to me personally known to be the individuals and office�s described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly swom, disposed and said that they are the officers of the said compa�ies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Sea(s of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and diredion of ihe said companies, and that Resolutions adopted by the Board of Directors of saidCompaniesreferredtointheprecedinginstrumentisnowinforce. ,��oee+��ej/ IN TESTIMGNY WHEREOF, I have hereunto se2 my hand, and affixed m�b `�1.$e D O � t�{�fv�f Henrico, the day and year first above written. ` O: ,Cp'R�' p(ie'•.2j� % ' = MY Cn �: ' COMM!SSION — gY � JI �--- � n ' NUf`i13ER = Q • '_— — D: .; _: Donna Donavant, Notary Public `�'. 7083968 .: �� : My commission expires 1/31/2023 ��/��'•�., . ..•��``.� . We, the undersigned Officers of SureTec I�surence Company a�d MarkeYk)siI'r�r��C-��Ei,y dQYierby certify that the originat POWER OF ATTORNEY of which the foregoing is a full, true and corred copy is still in fulf force and effect and haShqt��e�Sr� r�yotc�d' IN WITNESS WHEREOF, we have hereu�to set our hands, and affixed the Seals of said Companies, an the day of Su ec Insur ce C pan Markel I�surance Company B By: � � � l .. M. Br t Beaty, Assistant Secreta Richard R. Grin�an, Vice President an eu ary Any fnstrument Issued in excess of the penalty stated above is totally void and without any validRy. 1810030 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- NONE NONE NONE 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUM ENTS – Developer Awarded Projects CPN: 103216 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 COWAN PLACE IPRC 21-0016 CPN: 103219 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUM ENTS – Developer Awarded Projects CPN: 103216 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 COWAN PLACE IPRC 21-0016 CPN: 103219 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUM ENTS – Developer Awarded Projects CPN: 103216 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 COWAN PLACE IPRC 21-0016 CPN: 103219 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, COWAN PLACE IPRC 21-0016 CPN: 103219 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. COWAN PLACE IPRC 21-0016 CPN: 103219 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE COWAN PLACE IPRC 21-0016 CPN: 103219 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date COWAN PLACE IPRC 21-0016 CPN: 103219 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request COWAN PLACE IPRC 21-0016 CPN: 103216 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments COWAN PLACE IPRC 21-0016 CPN: 103219 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE COWAN PLACE IPRC 21-0016 CPN: 103219 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] COWAN PLACE IPRC 21-0016 CPN: 103219 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] COWAN PLACE IPRC 21-0016 CPN: 103219 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days COWAN PLACE IPRC 21-0016 CPN: 103219 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 l. Coordination with North Central Texas Council of Governments Clean 18 Construction Specification 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 – General Requirements 24 3. Section 33 12 25 – Connection to Existing Water Mains 25 26 1.2 REFERENCES 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 32 High Voltage Overhead Lines. 33 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 34 Specification 35 1.3 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination with the Texas Department of Transportation 37 1. When work in the right-of-way which is under the jurisdiction of the Texas 38 Department of Transportation (TxDOT): 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 a. Notify the Texas Department of Transportation prior to commencing any work 1 therein in accordance with the provisions of the permit 2 b. All work performed in the TxDOT right-of-way shall be performed in 3 compliance with and subject to approval from the Texas Department of 4 Transportation 5 B. Work near High Voltage Lines 6 1. Regulatory Requirements 7 a. All Work near High Voltage Lines (more than 600 volts measured between 8 conductors or between a conductor and the ground) shall be in accordance with 9 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 10 2. Warning sign 11 a. Provide sign of sufficient size meeting all OSHA requirements. 12 3. Equipment operating within 10 feet of high voltage lines will require the following 13 safety features 14 a. Insulating cage-type of guard about the boom or arm 15 b. Insulator links on the lift hook connections for back hoes or dippers 16 c. Equipment must meet the safety requirements as set forth by OSHA and the 17 safety requirements of the owner of the high voltage lines 18 4. Work within 6 feet of high voltage electric lines 19 a. Notification shall be given to: 20 1) The power company (example: ONCOR) 21 a) Maintain an accurate log of all such calls to power company and record 22 action taken in each case. 23 b. Coordination with power company 24 1) After notification coordinate with the power company to: 25 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 26 lower the lines 27 c. No personnel may work within 6 feet of a high voltage line before the above 28 requirements have been met. 29 C. Confined Space Entry Program 30 1. Provide and follow approved Confined Space Entry Program in accordance with 31 OSHA requirements. 32 2. Confined Spaces include: 33 a. Manholes 34 b. All other confined spaces in accordance with OSHA’s Permit Required for 35 Confined Spaces 36 D. Use of Explosives, Drop Weight, Etc. 37 1. When Contract Documents permit on the project the following will apply: 38 a. Public Notification 39 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 40 prior to commencing. 41 2) Minimum 24 hour public notification in accordance with Section 01 31 13 42 E. Water Department Coordination 43 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 1. During the construction of this project, it will be necessary to deactivate, for a 1 period of time, existing lines. The Contractor shall be required to coordinate with 2 the Water Department to determine the best times for deactivating and activating 3 those lines. 4 2. Coordinate any event that will require connecting to or the operation of an existing 5 City water line system with the City’s representative. 6 a. Coordination shall be in accordance with Section 33 12 25. 7 b. If needed, obtain a hydrant water meter from the Water Department for use 8 during the life of named project. 9 c. In the event that a water valve on an existing live system be turned off and on 10 to accommodate the construction of the project is required, coordinate this 11 activity through the appropriate City representative. 12 1) Do not operate water line valves of existing water system. 13 a) Failure to comply will render the Contractor in violation of Texas Penal 14 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 15 will be prosecuted to the full extent of the law. 16 b) In addition, the Contractor will assume all liabilities and 17 responsibilities as a result of these actions. 18 F. Public Notification Prior to Beginning Construction 19 1. Prior to beginning construction on any block in the project, on a block by block 20 basis, prepare and deliver a notice or flyer of the pending construction to the front 21 door of each residence or business that will be impacted by construction. The notice 22 shall be prepared as follows: 23 a. Post notice or flyer 7 days prior to beginning any construction activity on each 24 block in the project area. 25 1) Prepare flyer on the Contractor’s letterhead and include the following 26 information: 27 a) Name of Project 28 b) City Project No (CPN) 29 c) Scope of Project (i.e. type of construction activity) 30 d) Actual construction duration within the block 31 e) Name of the contractor’s foreman and phone number 32 f) Name of the City’s inspector and phone number 33 g) City’s after-hours phone number 34 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 35 A. 36 3) Submit schedule showing the construction start and finish time for each 37 block of the project to the inspector. 38 4) Deliver flyer to the City Inspector for review prior to distribution. 39 b. No construction will be allowed to begin on any block until the flyer is 40 delivered to all residents of the block. 41 G. Public Notification of Temporary Water Service Interruption during Construction 42 1. In the event it becomes necessary to temporarily shut down water service to 43 residents or businesses during construction, prepare and deliver a notice or flyer of 44 the pending interruption to the front door of each affected resident. 45 2. Prepared notice as follows: 46 a. The notification or flyer shall be posted 24 hours prior to the temporary 47 interruption. 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 b. Prepare flyer on the contractor’s letterhead and include the following 1 information: 2 1) Name of the project 3 2) City Project Number 4 3) Date of the interruption of service 5 4) Period the interruption will take place 6 5) Name of the contractor’s foreman and phone number 7 6) Name of the City’s inspector and phone number 8 c. A sample of the temporary water service interruption notification is attached as 9 Exhibit B. 10 d. Deliver a copy of the temporary interruption notification to the City inspector 11 for review prior to being distributed. 12 e. No interruption of water service can occur until the flyer has been delivered to 13 all affected residents and businesses. 14 f. Electronic versions of the sample flyers can be obtained from the Project 15 Construction Inspector. 16 H. Coordination with United States Army Corps of Engineers (USACE) 17 1. At locations in the Project where construction activities occur in areas where 18 USACE permits are required, meet all requirements set forth in each designated 19 permit. 20 I. Coordination within Railroad Permit Areas 21 1. At locations in the project where construction activities occur in areas where 22 railroad permits are required, meet all requirements set forth in each designated 23 railroad permit. This includes, but is not limited to, provisions for: 24 a. Flagmen 25 b. Inspectors 26 c. Safety training 27 d. Additional insurance 28 e. Insurance certificates 29 f. Other employees required to protect the right-of-way and property of the 30 Railroad Company from damage arising out of and/or from the construction of 31 the project. Proper utility clearance procedures shall be used in accordance 32 with the permit guidelines. 33 2. Obtain any supplemental information needed to comply with the railroad’s 34 requirements. 35 J. Dust Control 36 1. Use acceptable measures to control dust at the Site. 37 a. If water is used to control dust, capture and properly dispose of waste water. 38 b. If wet saw cutting is performed, capture and properly dispose of slurry. 39 K. Employee Parking 40 1. Provide parking for employees at locations approved by the City. 41 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 42 Construction Specification [if required for the project] 43 1. Comply with equipment, operational, reporting and enforcement requirements set 44 forth in NCTCOG’s Clean Construction Specification.} 45 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 103219 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. COWAN PLACE IPRC 21-0016 CPN: 103219 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. COWAN PLACE IPRC 21-0016 CPN: 103219 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired COWAN PLACE IPRC 21-0016 CPN: 103219 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control COWAN PLACE IPRC 21-0016 CPN: 103219 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities COWAN PLACE IPRC 21-0016 CPN: 103219 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE COWAN PLACE IPRC 21-0016 CPN: 103219 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. COWAN PLACE IPRC 21-0016 CPN: 103219 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION COWAN PLACE IPRC 21-0016 CPN: 103219 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE COWAN PLACE IPRC 21-0016 CPN: 103219 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. COWAN PLACE IPRC 21-0016 CPN: 103219 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review COWAN PLACE IPRC 21-0016 CPN: 103219 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE COWAN PLACE IPRC 21-0016 CPN: 103219 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] COWAN PLACE IPRC 21-0016 CPN: 103219 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. COWAN PLACE IPRC 21-0016 CPN: 103219 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. COWAN PLACE IPRC 21-0016 CPN: 103219 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. COWAN PLACE IPRC 21-0016 CPN: 103219 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION COWAN PLACE IPRC 21-0016 CPN: 103219 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application COWAN PLACE IPRC 21-0016 CPN: 103219 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization COWAN PLACE IPRC 21-0016 CPN: 103219 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. COWAN PLACE IPRC 21-0016 CPN: 103219 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] COWAN PLACE IPRC 21-0016 CPN: 103219 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application COWAN PLACE IPRC 21-0016 CPN: 103219 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking and construction survey 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. See Changes (Highlighted in Yellow). 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Construction Staking 14 a. Measurement 15 1) This Item is considered subsidiary to the various Items bid. 16 b. Payment 17 1) The work performed and the materials furnished in accordance with this 18 Item are subsidiary to the various Items bid and no other compensation will 19 be allowed. 20 2. Construction Survey 21 a. Measurement 22 1) This Item is considered subsidiary to the various Items bid. 23 b. Payment 24 1) The work performed and the materials furnished in accordance with this 25 Item are subsidiary to the various Items bid and no other compensation will be 26 allowed. 27 3. As-Built Survey 28 a. Measurement 29 1) This Item is considered subsidiary to the various Items bid. 30 b. Payment 31 1) The work performed and the materials furnished in accordance with this 32 Item are subsidiary to the various Items bid and no other compensation will be 33 allowed. 34 35 36 37 38 39 40 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 1.3 REFERENCES 1 A. Definitions 2 1. Construction Survey - The survey measurements made prior to or while 3 construction is in progress to control elevation, horizontal position, dimensions and 4 configuration of structures/improvements included in the Project Drawings. 5 2. As-built Survey –The measurements made after the construction of the 6 improvement features are complete to provide position coordinates for the features 7 of a project. 8 3. Construction Staking – The placement of stakes and markings to provide offsets 9 and elevations to cut and fill in order to locate on the ground the designed 10 structures/improvements included in the Project Drawings. Construction staking 11 shall include staking easements and/or right of way if indicated on the plans. 12 4. Survey “Field Checks” – Measurements made after construction staking is 13 completed and before construction work begins to ensure that structures marked on 14 the ground are accurately located per Project Drawings. 15 B. Technical References 16 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw 17 website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 18 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 19 on City’s Buzzsaw website). 20 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 21 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 22 Surveying in the State of Texas, Category 5 23 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. The Contractor’s selection of a surveyor must comply with Texas Government 26 Code 2254 (qualifications based selection) for this project. 27 1.5 SUBMITTALS 28 A. Submittals, if required, shall be in accordance with Section 01 33 00. 29 B. All submittals shall be received and reviewed by the City prior to delivery of work. 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 31 A. Field Quality Control Submittals 32 1. Documentation verifying accuracy of field engineering work, including coordinate 33 conversions if plans do not indicate grid or ground coordinates. 34 2. Submit “Cut-Sheets” conforming to the standard template provided by the City 35 (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 36 37 1.7 CLOSEOUT SUBMITTALS 38 B. As-built Redline Drawing Submittal 39 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 1 constructed improvements signed and sealed by Registered Professional Land 2 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A 3 – Survey Staking Standards) . 4 2. Contractor shall submit the proposed as-built and completed redline drawing 5 submittal one (1) week prior to scheduling the project final inspection for City 6 review and comment. Revisions, if necessary, shall be made to the as-built redline 7 drawings and resubmitted to the City prior to scheduling the construction final 8 inspection. 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. Construction Staking 12 1. Construction staking will be performed by the Contractor. 13 2. Coordination 14 a. Contact City and Developer’s Project Representative at least one week in 15 advance notifying the City of when Construction Staking is scheduled. 16 b. It is the Contractor’s responsibility to coordinate staking such that 17 construction activities are not delayed or negatively impacted. 18 3. General 19 a. Contractor is responsible for preserving and maintaining stakes. If City 20 surveyors or Developer’s Project Representative are required to re-stake for 21 any reason, the Contractor will be responsible for costs to perform staking. If 22 in the opinion of the City, a sufficient number of stakes or markings have been 23 lost, destroyed disturbed or omitted that the contracted Work cannot take place 24 then the Contractor will be required to stake or re-stake the deficient areas. 25 B. Construction Survey 26 1. Construction Survey will be performed by the Contractor. 27 2. Coordination 28 a. Contractor to verify that horizontal and vertical control data established in the 29 design survey and required for construction survey is available and in place. 30 3. General 31 a. Construction survey will be performed in order to construct the work shown 32 on the Construction Drawings and specified in the Contract Documents. 33 b. For construction methods other than open cut, the Contractor shall perform 34 construction survey and verify control data including, but not limited to, the 35 following: 36 1) Verification that established benchmarks and control are accurate. 37 2) Use of Benchmarks to furnish and maintain all reference lines and grades 38 for tunneling. 39 3) Use of line and grades to establish the location of the pipe. 40 4) Submit to the City copies of field notes used to establish all lines and 41 grades, if requested, and allow the City to check guidance system setup prior 42 to beginning each tunneling drive. 43 5) Provide access for the City, if requested, to verify the guidance system and 44 the line and grade of the carrier pipe. 45 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 6) The Contractor remains fully responsible for the accuracy of the work and 1 correction of it, as required. 2 7) Monitor line and grade continuously during construction. 3 8) Record deviation with respect to design line and grade once at each pipe 4 joint and submit daily records to the City. 5 9) If the installation does not meet the specified tolerances (as outlined in 6 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 7 the installation in accordance with the Contract Documents. 8 C. As-Built Survey 9 1. Required As-Built Survey will be performed by the Contractor. 10 2. Coordination 11 a. Contractor is to coordinate with City to confirm which features require as-12 built surveying. 13 b. It is the Contractor’s responsibility to coordinate the as-built survey and 14 required measurements for items that are to be buried such that construction 15 activities are not delayed or negatively impacted. 16 c. For sewer mains and water mains 12” and under in diameter, it is acceptable 17 to physically measure depth and mark the location during the progress of 18 construction and take as-built survey after the facility has been buried. The 19 Contractor is responsible for the quality control needed to ensure accuracy. 20 3. General 21 a. The Contractor shall provide as-built survey including the elevation and 22 location (and provide written documentation to the City) of construction 23 features during the progress of the construction including the following: 24 1) Water Lines 25 a) Top of pipe elevations and coordinates for waterlines at the following 26 locations: 27 (1) Minimum every 250 linear feet, including 28 (2) Horizontal and vertical points of inflection, curvature, 29 etc. 30 (3) Fire line tee 31 (4) Plugs, stub-outs, dead-end lines 32 (5) Casing pipe (each end) and all buried fittings 33 2) Sanitary Sewer 34 a) Top of pipe elevations and coordinates for force mains and siphon 35 sanitary sewer lines (non-gravity facilities) at the following locations: 36 (1) Minimum every 250 linear feet and any buried fittings 37 (2) Horizontal and vertical points of inflection, curvature, 38 etc. 39 3) Stormwater – Not Applicable 40 b. The Contractor shall provide as-built survey including the elevation and 41 location (and provide written documentation to the City) of construction 42 features after the construction is completed including the following: 43 1) Manholes 44 a) Rim and flowline elevations and coordinates for each manhole 45 2) Water Lines 46 a) Cathodic protection test stations 47 b) Sampling stations 48 c) Meter boxes/vaults (All sizes) 49 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 d) Fire hydrants 1 e) Valves (gate, butterfly, etc.) 2 f) Air Release valves (Manhole rim and vent pipe) 3 g) Blow off valves (Manhole rim and valve lid) 4 h) Pressure plane valves 5 i) Underground Vaults 6 (1) Rim and flowline elevations and coordinates for each 7 Underground Vault. 8 3) Sanitary Sewer 9 a) Cleanouts 10 (1) Rim and flowline elevations and coordinates for each 11 b) Manholes and Junction Structures 12 (1) Rim and flowline elevations and coordinates for each 13 manhole and junction structure. 14 4) Stormwater – Not Applicable 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY 18 PART 2 - PRODUCTS 19 A. A construction survey will produce, but will not be limited to: 20 1. Recovery of relevant control points, points of curvature and points of intersection. 21 2. Establish temporary horizontal and vertical control elevations (benchmarks) 22 sufficiently permanent and located in a manner to be used throughout construction. 23 3. The location of planned facilities, easements and improvements. 24 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 25 areas, utilities, streets, highways, tunnels, and other construction. 26 b. A record of revisions or corrections noted in an orderly manner for reference. 27 c. A drawing, when required by the client, indicating the horizontal and vertical 28 location of facilities, easements and improvements, as built. 29 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 30 construction staking projects. These cut sheets shall be on the standard city template 31 which can be obtained from the Survey Superintendent (817-392-7925). 32 5. Digital survey files in the following formats shall be acceptable: 33 a. AutoCAD (.dwg) 34 b. ESRI Shapefile (.shp) 35 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 36 standard templates, if available) 37 6. Survey files shall include vertical and horizontal data tied to original project 38 control and benchmarks, and shall include feature descriptions 39 PART 3 - EXECUTION 40 3.1 INSTALLERS 41 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 A. Tolerances: 1 1. The staked location of any improvement or facility should be as accurate as 2 practical and necessary. The degree of precision required is dependent on many 3 factors all of which must remain judgmental. The tolerances listed hereafter are 4 based on generalities and, under certain circumstances, shall yield to specific 5 requirements. The surveyor shall assess any situation by review of the overall plans 6 and through consultation with responsible parties as to the need for specific 7 tolerances. 8 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 9 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 10 1.0 ft. tolerance. 11 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 12 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 13 walkways shall be located within the confines of the site boundaries and, 14 occasionally, along a boundary or any other restrictive line. Away from any 15 restrictive line, these facilities should be staked with an accuracy producing no 16 more than 0.05ft. tolerance from their specified locations. 17 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 18 electric lines, shall be located horizontally within their prescribed areas or 19 easements. Within assigned areas, these utilities should be staked with an 20 accuracy producing no more than 0.1 ft tolerance from a specified location. 21 e. The accuracy required for the vertical location of utilities varies widely. Many 22 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 23 should be maintained. Underground and overhead utilities on planned profile, 24 but not depending on gravity flow for performance, should not exceed 0.1 ft. 25 tolerance. 26 B. Surveying instruments shall be kept in close adjustment according to manufacturer’s 27 specifications or in compliance to standards. The City reserves the right to request a 28 calibration report at any time and recommends regular maintenance schedule be 29 performed by a certified technician every 6 months. 30 1. Field measurements of angles and distances shall be done in such fashion as to 31 satisfy the closures and tolerances expressed in Part 3.1.A. 32 2. Vertical locations shall be established from a pre-established benchmark and 33 checked by closing to a different bench mark on the same datum. 34 3. Construction survey field work shall correspond to the client’s plans. Irregularities 35 or conflicts found shall be reported promptly to the City. 36 4. Revisions, corrections and other pertinent data shall be logged for future reference. 37 38 3.2 EXAMINATION [NOT USED] 39 3.3 PREPARATION [NOT USED] 40 3.4 APPLICATION 41 3.5 REPAIR / RESTORATION 42 A. If the Contractor’s work damages or destroys one or more of the control 43 monuments/points set by the City or Developer’s Project Representative, the monuments 44 shall be adequately referenced for expedient restoration. 45 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 1. Notify City or Developer’s Project Representative if any control data needs to be 1 restored or replaced due to damage caused during construction operations. 2 a. Contractor shall perform replacements and/or restorations. 3 b. The City or Developer’s Project Representative may require at any time a 4 survey “Field Check” of any monument or benchmarks that are set be verified 5 by the City surveyors or Developer’s Project Representative before further 6 associated work can move forward. 7 3.6 RE-INSTALLATION [NOT USED] 8 3.7 FIELD [OR] SITE QUALITY CONTROL 9 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 10 City or Developer’s Project Representative in accordance with this Specification. This 11 includes easements and right of way, if noted on the plans. 12 B. Do not change or relocate stakes or control data without approval from the City. 13 3.8 SYSTEM STARTUP 14 A. Survey Checks 15 1. The City reserves the right to perform a Survey Check at any time deemed 16 necessary. 17 2. Checks by City personnel or 3rd party contracted surveyor are not intended to 18 relieve the contractor of his/her responsibility for accuracy. 19 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 8/31/2017 M. Owen Added instruction and modified measurement & payment under 1.2; added definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 – PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. 2/14/2018 M Owen Removed “blue text”; revised measurement and payment sections for Construction Staking and As-Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 CITY OF FORT WOR TH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN:103219 Revised February 14, 2018 measurement criteria; revised list of items requiring as -built survey “during” and “after” construction; and revised acceptable digital survey file format 1 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. COWAN PLACE IPRC 21-0016 CPN: 103219 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. COWAN PLACE IPRC 21-0016 CPN: 103219 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] COWAN PLACE IPRC 21-0016 CPN: 103219 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application COWAN PLACE IPRC 21-0016 CPN: 103219 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. COWAN PLACE IPRC 21-0016 CPN: 103219 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion COWAN PLACE IPRC 21-0016 CPN: 103219 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. COWAN PLACE IPRC 21-0016 CPN: 103219 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application COWAN PLACE IPRC 21-0016 CPN: 103219 CONSTRUCTION CONTRACT U.S. Department of Housing and OMB Approval No. 2502-0598 Urban Development (Exp. 9/30/2021) Office of Housing Public Reporting Burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. VJhile no assurance of confidentiality is pledged to respondents, HUD generaily discloses this data only in response to a Freedom of Information Act request. Warning: Federal law provides that anyone who knowingly or wilifuily submits (or causes to submit) a document containing any false, fictitious, misleading, or fraudulent statemenUcertification or entry may be criminally prosecuted and may incur civil administrative liability. Penalties upon conviction can inciude a fine and imprisonment, as provided pursuant to applicable law, which includes, but is not limited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and 2424. HUD Project No.: 113-35926 Cost Plus Contract X Project Name: Cowan Place Seniors Lump Sum Contract THIS CONSTRUCTION CONTRACT ("Contract") is made this 16th day of September, 2021, between Block WT Cowan Place GC Joint Venture, a Texas joint venture ("Contractor") and FW Cowan Place, LP, a Texas limited partnership("Owner") ("Parties"). The definition of any capitalized term or word used herein can be found in this Contract and the General Conditions, except the term "Project" shall have the same definition as in the Regulatory Agreement between Borrower (Owner) and HUD, except that the term "Program Obligations" means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Contract rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on "HUDCLIPS," at www.hud.gov. Any HUD form referenced herein shall be the current version of that form, and shall include any successor form adopted by HUD. The Contractor and the Owner agree as follows: Article 1: Scope of Contract A. The Contract between the Parties is set forth in the "Contract Documents," which consist of this Contract and the other documents identified in Article 2 below. Previous editions are obsolete Construction Contract HUD-92442M (6/18) Together, these form the entire Contract between Owner and Contractor, and by this reference these Contract Documents are fully incorporated herein. Any previously existing contract or understanding concerning the Work contemplated by the Contract Documents is hereby revoked. Any side agreements between Owner and Contractor shall be disclosed to HUD. B. Except to the extent specifically indicated in the Contract Documents to be the responsibility of others, Contractor shall furnish all of the materials and perform all of the Work shown on, and in accordance with, the Drawings and Specifications. C. The Contract shall not be amended without the prior written approval of �ender and HUD in accordance with Program Obligations. Failure to receive such prior HUD and Lender approval shall render any such amendment void. Article 2: Identification of Contract Documents A. The Contract Documents are identified as follows: (1) This Construction Contract (HUD-92442M). (2) The General Conditions of the Contract for Construction, AIA Document A201 — 2017, as modified by the parties and expressly excepting those provisions mandating binding arbitration ("General Conditions", attached hereto as Exhibit A). If any of the provisions of this Construction Contract conflict with the terms contained in the General Conditions, the provisions in this Construction Contract shall control. (3) The Supplementary Conditions to the Construction Contract (HUD- 92554M), attached hereto as Exhibit K. (4) The Drawings, an index of which is attached hereto as Exhibit C. Number Title As Shown Pages (5) The Specifications, an index of which is attached hereto as Exhibit C. Number Title As Shown Pages (6) The Contractor's and/or Mortgagor's Cost Breakdown (HUD-2328), approved by HUD on the date of September 14, 2021, attached hereto as Exhibit A-1. . � • . .. ' '- Previous editions are obsolete Construction Contract HUD-92442M (6/18) (8) The Prevailing Wage Determination TX20210015 (Residential) Modification Number 1 , last published/modified on (date) January 1, 2021 and attached hereto as Exhibit G. (9) Completed and fully-executed document identifying Identities of Interest among Owner, Contractor, Subcontractors, and Architect (see Appendix 8 of Handbook 4430.1 and the MAP Guide Appendices), attached hereto as Exhibit L. (10) Any change orders approved by HUD after the execution of this Contract. (11) If applicable, the Retainage Reduction Rider attached hereto as: N/A. (12) All other exhibits attached hereto and listed in Section 15.4.1 of the General Conditions. B. The Drawings and Specifications were prepared by Bennett Benner Partners, Inc. ("Design Architect"). The architect administering the Construction Contract is Bennett Benner Partners, Inc. ("Architect"). C. A master set of the Drawings and Specifications, identified by the signatures of Owner, Contractor, Design Architect, Architect, �ender, and Contractor's surety or guarantor (if applicable), have been placed on file with HUD, and shall govern in all matters that arise with respect to the Contract Documents. D. Changes in the Drawings and Specifications, or any terms of the Contract Documents, including orders for extra work, changes by altering or adding to the Work, orders that shall change the design concept, or orders extending the Project Substantial Completion Deadline (identified in Article 3) may be effected only with the prior written approval of Owner's Lender (as defined in Article 11) and HUD, and under such conditions as either Lender or HUD may establish. Article 3: Time A. Contractor shall commence the Work to be performed under this Contract upon the date specified by Owner in its NTP issued pursuant to Section 8.1.2 of the General Conditions, and shall achieve Substantial Completion of the entire Work on or before the date that is five hundred forty-two (542) calendar days after the date of commencement of the Work ("Project Substantial Completion Deadline"). B. "Project Substantial Completion" shall be the date that the HUD Representative signs the final FHA Inspection Report contained in form HUD-92485 (Permission to Occupy Project Mortgages) for the Project required by the Contract Documents and Program Obligations, provided the Permission to Occupy in the same HUD-92485 is subsequently signed by the Authorized Agent of FHA. For purposes of determining any Liquidated Damages in Article 3.E below, "Substantial Completion" Previous editions are obsolete Construction Contract HUD-92442M (6/18) 0 shall be the stage in the progress of the Work when a designated portion of the Work is sufficiently complete in accordance with the Contract Documents and Program Obligations so that the Owner can occupy or utilize that designated portion of the Work for its intended use, the HUD Representative signs the FHA Inspection Fieport in form HUD-92485, and the Permission to Occupy in the same HUD-92485 is subsequently signed by the Authorized Agent of FHA. Notwithstanding any other provision in the Contract Documents, Contractor remains liable to complete items ofi incomplete construction as approved in HUD's sole discretion. C. The Project Substantial Completion Deadline may be extended in accordance with the terms of the General Conditions only with the prior written approval of HUD through a HUD-approved change order. D. Contractor shall correct any defects due to faulty materials or workmanship which appear within twelve (12) months from Project Substantial Completion. Warranty for Work first performed after Project Substantial Completion or portions of the Work not specifically included in a Certificate of Substantial Completion (defined as any executed Permission to Occupy in HUD-92485) shall extend twelve (12) months from the Date of Final Completion. The "Date of Final Completion" shall be the date the HUD representative signs the final HUD Representative's Trip Report (form HUD-95379) provided that the trip report is subsequently endorsed by the Construction Manager. Warranty for all Work performed after the Date of Final Completion shall extend twelve (12) months from the date all such Work is completed. E. If Contractor does not meet the Project Substantial Completion Deadline or such date to which the Project Substantial Completion Deadline may be mutually extended by approved change order, in accordance with the Drawings and Specifications, including any authorized changes, the maximum sum stated in Article 4 (either Option 1 or Option 2) below shall be reduced by $ 9.91 per unit for each day of delay until Project Substantial Completion ("�iquidated Damages"). Liquidated Damages, however, shall not be assessed against any of the Work that has reached Substantial Completion (if applicable) in accordance with Program Obligations. When Owner submits to HUD its Cost Certification, Actual Damages shall be calculated. The term "Actual Damages" is defined as the actual cost of interest, taxes, insurance and mortgage insurance premiums, less the Project's net operating income, for the period from the Project Substantial Completion Deadline through Project Substantial Completion, the calculation of which shall be approved by HUD. The lesser of the Liquidated Damages or Actual Damages shall be applied. ' « „ , , , , , , � , , Previous editions are obsolete Construction Contract HUD-92442M (6/18) ��71L1r�T.T.�l� '. Article 4: Contract Sum -- Cost Plus Contract A. Subject to the provisions hereinafter set out, Owner shall pay to Contractor for the performance of this Contract the following items in cash: (1) The Actual Cost of Construction as defined in Article 13 below; plus (2) Builder's Profit of $ 1,248,756.00 In no event, however, shall the total cash payable pursuant to this paragraph A exceed $ 25 733 253.00 B. In addition to any cash fee provided for in paragraph A, Owner shall pay to Contractor, by means other than cash, the following: (1) A promissory note in the form prescribed by HUD in the amount of $ N/A (2) $_N/A_ _ in the form of N/A C. If Contractor shall have received cash payments in excess of (a) the Actual Cost of Construction plus (b) the Builder's Profit, plus any additional amount to be paid under the provisions of paragraph B, all such excess shall be refunded to Owner. � • . . . - ■_ . . ■ • .. . ,�. • � . _. � . .. � • _. ■ • .. . . . . � � . -. . -.. .- . . . � • 0 ► � .. � . .tlS7IP.lE1TC ■ ■ � ■ � . �1:1.7��i::'1::fT:t�T1 � . ■ • .. '. _.. � � ■ �_ � ■ ► . ■ • _. -` Article 5: Requisition and Payment Procedures A. Each month after the commencement of Work hereunder, Contractor shall make a monthly request on HUD-92448 for payment by Owner for Work done during the preceding month. Each request for payment shall be filed at least 15 days before the date payment is desired. Subject to the approval of Lender and HUD, Contractor shall be entitled to payment thereon in an amount equal to (1) the total value of classes of the Work acceptably completed; plus (2) the value of materials and equipment not incorporated in the Work, but delivered to and suitably stored at the site; plus (3) the value of components stored off-site in compliance with Program Obligations; less (4) ten (10) percent holdback (or as reduced by HUD in writing) and less (5) prior payments. The "values" of (1), (2) and (3) shall be computed in accordance with the amounts assigned to classes of Work in HUD-92328. B. With its final application for payment by Owner, Contractor shall disclose, on a form prescribed by HUD, all unpaid obligations contracted in connection with the Work performed under this Contract. Contractor agrees that within 15 days following receipt of final payment, it shall pay such obligations in cash and furnish satisfactory evidence of such payment to Owner. C. The balance due to Contractor hereunder shall be payable upon the expiration of thirty (30) days after the Work hereunder is fully completed, provided the following have occurred: (1) all Work hereunder requiring inspection by Governmental Authorities having jurisdiction has been inspected and approved by such authorities Previous editions are obsolete Construction Contract HUD-92442M (6/18) and by the rating or inspection organization, bureau, association or office having jurisdiction; (2) all certificates of occupancy, or other approvals, with respect to the Project have been issued by Governmental Authorities; (3) Permission(s) to Occupy (HUD-92485) for all units of the Project have been issued by NUD; (4) where applicable, HUD shall have approved Contractor's Certificate of Actual Cost; (5) as- built Drawings and Specifications, the as-built survey and all warranties shall have been delivered to Owner; and (6) all executed fiinal advance documents required by HUD have been submitted. Article 6: Receipts, Releases of Liens & Payments for Materials & Equipment A. Contractor agrees that within fifteen (15) days following receipt of each monthly payment, it shall pay in full and in cash all obligations for Work done and materials, equipment and fixtures furnished through the date covered by such monthly payment. Contractor may withhold retainage from the payment due each subcontractor, corresponding to, but not exceeding, the ten (10) percent holdback specified in item (4) of Article 5, paragraph A. B. Owner may require Contractor to attach to each request for payment its acknowledgment of payment and all subcontractors' and material suppliers' acknowledgments of payment for Work done and materials, equipment and fixtures furnished through the date covered by the previous payment. C. Contractor agrees that no materials or equipment required by the Specifications shall be purchased under a conditional sale contract or with the use of any security agreement or other vendor's title or lien retention instrument. D. Concurrently with the final payment, Contractor shall execute a waiver or release of lien for all the Work performed and materials furnished hereunder, and Owner shall require Contractor to obtain similar waivers or releases from all subcontractors and material suppliers, if permitted by state law. Article 7: Obligations of Contractor A. Contractor shall furnish, at its own expense (or Owner's expense, if applicable), all building and other permits, licenses, tools, equipment and temporary structures necessary for the construction of the Project. Contractor shall give all required notices and shall comply with all applicable codes, laws, ordinances, rules and regulations, and protective covenants, wherever applicable. Contractor shall comply with the provisions of the Occupational Safety and Health Act of 1970. Contractor shall immediately notify Owner, Lender and HUD of the delivery of all permits, licenses, certificates of inspection, certificates of occupancy, and any other such certificates and instruments required by law, regardless of to whom issued, and shall cause them to be displayed to Owner, Lender and HUD upon request. B. If Contractor observes that the Drawings and Specifications are at variance with any applicable codes, laws, ordinances, rules or regulations, or protective covenants, it shall promptly notify Architect in writing, and any necessary changes shall be made as provided in this Contract for changes in the Drawings and Specifications. If Previous editions are obsolete Construction Contract HUD-92442M (6/18) 0 Contractor performs any Work knowing it to be contrary to such codes, laws, ordinances, rules or regulations, or protective covenants, without giving such notice to Architect, it shall bear all costs arising therefrom. C. Upon completion of construction, Contractor shall furnish to Owner a land survey map prepared in accordance with Program Obligations, ALTA-NSPS standards and the HUD Surveyor's Report showing the location on the site of all improvements constructed thereon, and showing the location of all water, sewer, gas and electric lines and mains, and of all existing utility easements. Such survey map shall be prepared by a licensed surveyor who shall certify that the Work is installed and erected entirely upon the land covered by the Security Instrument and within any building restriction lines on said land, and does not overhang or otherwise encroach upon any easement or right-of- way of others. To the extent such data shows that the Contractor has deviated from the Plans and Specifications, Contractor shall be responsible, at its own expense (or Owner's expense, if applicable}, for correcting any such deviations. In addition, Contractor shall furnish additional surveys when Owner so requires, for any improvements, including structures and utilities not theretofore located on a survey. D. Contractor shall assume full responsibility for the maintenance of all landscaping that may be required by the Drawings and Specifications until such time as both Parties to this Contract shall receive written notice from HUD that such landscaping has been finally completed. Owner hereby agrees to make available to the Contractor, for such purpose, without cost to the latter, such facilities as water, hose and sprinkler. E. There shall be withheld from the final payment an amount satisfactory to Lender and HUD for any Work items that are incomplete at the time of such final payment. Article 8: Assurance of Completion Contractor shall furnish to Owner assurance of completion of the Work in the form of (specify) Pavment and Performance Bonds in the amount of $25,733,253.00_. Such assurance of completion shall run to Owner and �ender as obligees, and such other obligees and co-obligees as are set forth in the Contract Documents, and shall contain a provision whereby the surety agrees that any claim or right of action that either Owner or Lender might have thereunder may be assigned to HUD. Article 9: Waiver of Lien or Claim A. In jurisdictions where permitted by law, Contractor shall not file a mechanic's or materialman's lien or maintain any claim against Owner's �and or Improvements for or on account of any Work done, labor performed or materials furnished under this Contract, and shall include in each subcontract a clause which shall impose this requirement on the subcontractor. B. In jurisdictions where permitted by law, Owner may require Contractor to execute a waiver of liens that shall be recorded prior to the commencement of construction. Contractor for itself, subcontractors, suppliers, materialmen, and all Previous editions are obsolete Construction Contract HUD-92442M (6/18) persons acting through or under it, agrees not to file or maintain mechanics' liens or claims against the property described herein, on account of Work done, labor performed or materials provided by them. Article 10: Right of Entry A. At all times during construction, HUD, Lender, and their agents or assigns shall have the right of entry and free access to the Project and the right to inspect all Work done and materials, equipment and fixtures furnished, installed or stored in and about the Project. For such purpose, Contractor shall furnish such enclosed working space as Lender or HUD may require and find acceptable as to location, size, accommodations and furnishings. Article 11: Assignments, Subcontracts and Termination A. This Contract shall not be assigned by either party without the prior written consent of the other party, �ender and HUD, except that Owner may assign this Contract, or any rights hereunder, to Lender or HUD. B. Contractor shall not subcontract all of the Work to be performed hereunder without the prior written consent of Owner, Lender and HUD. C. Upon request by Owner, Lender or HUD, Contractor shall disclose the names of all persons with whom it has contracted or will contract with respect to Work to be done and materials and equipment to be furnished hereunder. D. Contractor understands that the Work under this Contract is to be financed by a building loan to be secured by a Security Instrument and insured by HUD, and that the terms of said �oan are set forth in a Building Loan Agreement between Owner as Borrower and Mason Joseph Companv, Inc. as Lender. E. Contractor further understands that said Building l.oan Agreement provides that, in the event of the failure of Owner to perform its obligations to Lender thereunder, Lender may, as attorney-in-fact for Owner, undertake the completion of the Project in accordance with this Contract. In the event Lender elects not to undertake such completion, this Contract shall terminate pursuant to AIA Document A201 § 14.2 in the case of termination for cause, or AIA Document A201 § 14.4 in the case of termination for convenience. Article 12: Roles of HUD and �ender HUD is the insurer of �ender's Loan made to finance the construction identified herein, pursuant to the Building Loan Agreement. Nothing provided herein, no action or inaction of the Parties to this Contract, or actions or inaction by any third parties, shall impute to HUD or Lender status as a party to this Contract; HUD and Lender have no liability to Contractor or Owner under the Contract Documents. editions are obsolete Construction Contract HUD-92442M (6/18) m Article 13: Certification of Actual Cost -- Cost Plus Contract A. The "Actual Cost of Construction" shall include all items of cost and expense incurred by Contractor in the performance of this Contract. Allowable items of cost and expense incurred by Contractor in the performance of this Contract shall include costs and expenses of labor, materials for construction, equipment and fixtures, field engineering, sales taxes, workmen's compensation insurance, social security, public liability insurance, general requirements and all other expenses directly connected with construction. The value of any kickbacks, rebates or discounts received or receivable in connection with the construction of the Project shall be subtracted from all items of cost and expense. Any cost or expense attributable to maintaining Contractor's working capital is not to be included within the Actual Cost of Construction. B. Contractor shall keep accurate records of account of the Actual Cost of Construction, and shall, upon demand, make such records and invoices, receipts, subcontracts and other information pertaining to the construction of the Project available for inspection by Owner, Lender and HUD. C. With its final application for payment, Contractor shall furnish to Owner a completed "Contractor's Certificate of Actual Cost" that shall be accompanied and supported by an independent public accountant's or independent certified public accountant's certificate as to actual cost in form acceptable to HUD. D. Contractor shall include in all subcontracts, equipment leases and purchase orders a provision requiring the subcontractor, equipment lessor or supplier to certify its costs incurred in connection with the Project, in the event HUD determines there is an Identity of Interest between either Owner or Contractor and any such subcontractor, equipment lessor or supplier. Article 14: Designation of Representatives A. Owner hereby designates Michael Saunders, AIA as its representative for all communications involving Work performed pursuant to this Contract. B. Contractor hereby designates Jason E. Keller as its representative for all communications involving Work to be performed pursuant to this Contract. Articlel5: Mediation and Non-binding Arbitration Any mediated settlement agreement or non-binding arbitration agreement made pursuant to the General Conditions must be approved by HUD in writing before it will be effective. Previous editions are obsolete Construction Contract HUD-92442M (6/18) 11 Article 16: Headings and Titles Any heading, section title, paragraph or part of this Contract is intended for convenience only, and is not intended, and shall not be construed, to enlarge, restrict, limit or afFect in any way the construction, meaning, or application of the provisions thereunder, or under any other heading or title. Article 17: Severability The invalidity of any provision of this Contract shall not afFect the validity of any other provision, and all other provisions shali remain in full force and effect. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in counterparts, each of which shall be deemed an original. Contractor: BLOCK WT COWAN PLACE GC JOINT VENTURE, a Texas joint venture By: Block Builders, LLC, a Louisiana limited liability company its managing venturer �,.--'' By: � �—� -� Jason E. Keller, Managing Member Previous editions are obsolete Construction Contracf HUD-92442M (6/18) 12 Siqnature paqe to the Construction Contract Owner: FW COWAN PLACE, LP, a Texas limited partnership By: FW Cowan Place GP, LLC, a Texas limited liability company, its general partner By: Fort Worth Affordability, Inc., a Texas nonprofit corporation, its sole member BY� G Name:Ma - arg r t e ons Title: Secr ary asurer By: FW Rosedale MBS SLP, Inc., a Missouri corporation, its Special Limited Partner By: Name: Vincent R. Bennett Title: President Previous editions are obsolete Construction Contract HUD-92442M (6l18) 12 Siqr�ature paqe to the Construction Contract Owner: FW COWAN PLACE, LP, a Texas limited partnership By: FW Cowan Place GP, LLC, a Texas limited fiability company, its genera! partner By: Fort Worth Affordability, Inc., a Texas nonprofit corporation, its sole member By: Name: Mary-Margaret Lemons Title: Secretary/Treasurer By: FW Rosedale MBS SLP, Inc., a Missouri corporation, its Speciai �imited Partner By: Name: Vincent R. Bennett Title: President Previous editions are obsolete Construction Confract HUD-92442M (6/18) Exhibit A - General Conditions editions are obsolete Construction Contract HUD-92442M (6/18) � �� Docu ment A201 � - 2017 Genera/ Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) I � THE OWNER: (Name, legal status and addr�ess) TnQi c nr noTiri ceTABLE OF ARTICLES 1 GENERAI. PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME � 10 11 PAYMENTS AND COMPLETION PROTECTION OF PERSONS AND PROPERTY INSURANCE AND BONDS This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503T"', Guide for Supplementary Conditions. Iflit. AIA Document A201�- 2017. Copyright � 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "America�3 13�siitute oi Rrchitects,' "kIA.' •.i�� Alr� �ega; ';4201," ard "r;ik �or,iract �oc�merts" �:re � registered trademerks and �nay ro# be used witiieut Yermission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Plotes: (1261389367) THE ARCHITECT: (Name, legal �tatus and address) 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA DocumentA201°- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. All rights reserved. T=.7e':�.merican !ns:ituie ef Architects;"'A3r;," the f�iA Lo�e. "A2Q'i." an� "kIA t:ontract Gocuments" are 2 re�isterea t;adamarks and m;y naf i�e used wi:hcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Orcler � No.3418314441 which expires on 12l06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.93, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 ' Acts and Omissions 3.2,3.32,3.12.8,3.18,4.2.3,8.3.1,9.5.1, 10.2.5, 10.2.8,13.3.2,14.1,15.1.2,15.2 'Addenda ' 1.1.1 Additional Costs, Claims far 3J.4,3.'7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2,9.8.3; 12.2.1,13.4 Additional Time, Glaims for �.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2; 9.4, 9.S � � � � ��Advertisement or�Invitation to Bid l.l.l Aesthetic Effect 4.2.13 Allowances 3.8 � � � � Applications for Payment � 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.5.4,9.6.3,9J,9.10 Approvals 2.1.1,2.3.1,2.5,3.1.3,310.2,3.12.8,3.12.9, 3.12.10.1, 4.2.7, 9.32, 13.4.1 Arbitration 8.3.1, 15.�.2,15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1,9.4;9.5,9.63,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 13.4.1,13.4.2,14.2.2,14.2.4,15.].4,15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, .i.12.8, 3.12.10, 4.1.2, 42.1, 4.22, 4.23, 4.2:6,4.2.7,4.2.10,4.2.12,4.2.13,52.1,7.4,9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5,12.2.1,13.4.2,13.4.3,14.2.4 Architect's Administration of the Contract 3.1.3,3.7.4, 15.2,9.4.1,9.5 Architect's Approvals 2.5,3.1.3,3.5,3.10.2,4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4,4.2.6,42.7,4.2.11,4.2.12,42.13,4.2.14,6.3, 7.3.4,73.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 13.42, 152 Architect's Inspections 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Architect's Instructions 3.2.4, 3 3.1, 4.2.6, 4.2.7, 13 .4.2 Architect's Interpretations 4.2.11, 42.12 Architect's Project Representative 42.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, 3.18, 4.1.2, 42, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 103, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Architect's Representations 9.42, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Asbestos 103.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Deiinitions 1.1 Bidding Requirements 11.1 Binding Dispute Resolution 8.3.1,9.7,11.5,13.1,15.1.2,15.1.3,15.21,15.2.5, 15.2.6.1,15.3.1,153.2,15.3.3,15.4.1 Bonds, Lien 7.3.4.4,9.6.8,9.10.2,9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.13, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Compietion 9.8.3, 9.8.4, 9.8.5 AIA Document A201°- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Ti7e "P.merican :nstituie �f Arci;itects:" "RiA," fhe �iA Loges. °k20 =." and "ki a Cantract C�cuinents" ar� 3 �eg;ster�d irademarks and n�ay nat ce used v�i:heuf permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-maii copyright@aia.org. User Notes: (1261389367) Certificates for Payment 4.2.1, 4.2,5, 4.2.9, 933, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.�, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13:4.4 � Certificates of Insurance 9.10.2 Chan�e Orders 1.1.1,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,4.2.8,5.23, 7.1.2, 7.13, 7.2, 73.2, 7.3.'7, 7.3.9, �.3.10, 8.31, 9.3.1.1, 9.103, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of �.2.1 CHANGES IN THE WORK 2.2.2,3.11,42.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, 11.5 Claims, Definition of ' I5.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.�.9, 9.3.3, 9.10.4, 10.33, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3 2.4, 3.3.1, 3.'7.4, 6.1. i, 8.3.2, 9.5.2, 10.3 .2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1; 9.6.7, 10.2.5, 10.3.3, 11.3, ll3.2, 14.2.4, 15.i.7 � �� ClaimsSubjectto�Arbitration �� 15.41 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1,3.2.2,3.4.1;3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, 6.2.2,8.1.2,8.2.2,83.1,ll.1,112,15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 42.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, �� 9. i 0, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion; Substantial 3.10.1,4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1, 9.10,3, 12.2, 15.1.2 Compliance with Laws 23.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3,13.4.1,13.4.2,13.5,14.1.1,14.2.1.3,15.2.8, 15.4.2, 15.43 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Defnition of 7.3.1 Construction Change Directives 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.13,7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10,3.11,3.12.1,3.12.2,6.13, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1,5.4.2,11.5,14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.'7.1, 3 .10, 5 .2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 53 Contract Documents, Definition of 1.1.1 Contract Sum 2.22, 2.2.4, 3.�.4, 3.7.5, 3.8, 310.2, 5.2.3, �.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.'7, 10.3.2, 11.5, 12.1.2, 123, 14.2.4, 14.32, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.21.3,7.3.1,7.3.5,73.6,7,7,7.3.10,�.4,8.1.1, 8.2.1,8.2.3,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2,15.1.4.2, 15.1.6.1,15.2.5 Confract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 Iltit. AIA DocumentA201°- 2077. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. T!7s':American ins:itute af A��chitects;° ��A'sA," t?�e AIA �oge. "A2�i." an� "ki?. Contract Cacumenfs" are 4 regis#erzd t;ademarks ard mny nat be used w;Ehcut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-maii copyright@aia.org. User Notes: (1261389367) Contractor's Employees 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.23,4.2.6, 10.2, 10.3,11.3,14.1,142.1.1 Contractor's Liability Insurance � � � � � � ii.l�� Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, I 1.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5,2.3.3,3.13,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, 3.5.1,3.7.4,.i.10,3.11,3.12,3.16,3.18,4.2,5.2,6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, l 1.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1;3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work' 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.22, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.i0,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.1A3 Contractor's Superintendent 3.9, 10.2.6 Contractar's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.1210, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 82, 10, 12, 14, 15.1.4 Coordination and Correlation � � �� 1.2,3.2.1,3.3.1,310,3.12.6,6.13,6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1,1513,2,15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5,32.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 7.33.3, 73.4, 7.3.8, '7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2,12.2.1,12.2.4,13.4,14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 102.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.4,12.2.4 Damages, Claims for 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 103.3, 11.3.2, 11.3, 14.2.4, ] 5.1.7 Damages for Deiay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Comptetion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.'7.4, 42.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, 14.2.2,14.2.4,15.1,15.2 Decisions to Withhold Certification 9.4.1,9.5,9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.S.1, 9.5.3, 9.6.6, 9.82, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2,7.2.1,7.3.1,8.1,9.1,9.81, 15.1.1 Delays and Extensions of Time 3Z,3.'7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 103.2, 10.4, 14.3.2, 151.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3,7.3.9,15.1,15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Empioyees, Contractor's 3.3.2, 3.43, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3,11.3,14.1,14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 4.2.6,4.2.7,5.2.1,62.1,7.3.4,9.3.2,9.3.3,9.5.1.3, 9.10.2,10.2.1,10.2.4,14.21.1,14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,73.6,8.2,9.5.1, 9.9.1,10.2,10.3,12.1,12.2,14.2,14.3.1,15.1.4 It1it. AIA Document A201�- 2017. Copyright � 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ti7e':American ins:itu!s af Aref;itacts,"'A;A,° the AiA �oge. "k2Qi." an� "FeIA Contraci Cacuments" are 5 regss#ered trademarks and niey na: i:e ussd vdi`:hout per!rissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is �ot for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Extensions of Time 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7,10.3.2, 10.4,14.3,15.1.6,15.2.5 Failure of Payment 9.5.1.3, 9J, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work {See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.22, 14.11.4 GENERALPROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Idenrification of Subcontractors and Suppliers 5.21 Indemnification 3;1'1, 3.18, 9.6.8, 9.10.2, 10.3.3, i 1.3 Information and Services Required of the Owner 2.1.2,2.2,2.3,3.2.2,3.1210.1,6.1.3,6.1.4,6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.42, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4,15.1.4.2,15.2.1,15.2.2,15.2.3,15.2.4,15.2.5 Initial Decision Maker, Extent of Authority 14.2.4,151.4.2,152.1,15.2.2,15.23,15.2.4,15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.33, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.42, 9.8.3, 9.9.2, 9.10.i, 122.1, 13.4 Instructions to Bidders l.l.l �� Instructions to the Contractor 3.2.4; 33.1, 3.8.1, 5.2.1, 7, 8.2.2, i2, 13.4.2 Insiruments of Service, Definition of 1.1.7 Insurance 6.1.1,7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5,11.2,11.4,11.5 Insurance, Stored Materiais 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partiai Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13 Interest 13.5 Interpretation 1.1.8,1.2.3,1.4,4.1.1,5.1,6.1.2,15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.13, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 142.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5,2.32,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, 9.9.1,10.2.2,13.1,133.1,13.4.2,13.5,14,15.2.8, 15.4 Liens 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, 4.2.'7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 122.5, 13.3.1 Limitations of Time 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 5.2,53,5.4.1,6.2.4,7.3,7.4,82,9.2,9.3.1,9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, I5.1.5 Materials, Hazardous 10.2.4, 10.3 Materiais, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.82, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2,10.2.4,14.2.1.1,14.2.1.2 Means, Methods, Techniques, SeGuences and Procedures of Construction 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Mechanic's Lien 2.1.2,9.3.1,9.33,9.6.8,9.10.2,9.10.4, 15.2.8 Mediation 83.1,15.1.3.2,15.2.1,15.2.5,15.2.6,15.3,15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Init. AIA Document A201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ti}e "F,merican €ns:ituie cf Arohitects;' "AiF,° the ia:a Lo�e. "k2Gi." and "kIA Cantrect DacuFn�nts" ate 6 reg;sterea t�ademarks ar:d ni� y nai ce used v�;:hout per�nission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/O6/2021, is �ot for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 11.1 Modifications to the Contract 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 103:2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, 12.2 Notice 1.6, 1.6.1, l.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.'7.4, 3.'7.5, �.9.2, 3.12.9; 3.12.10, 5.2.1, 7.4, 822 9.6.8, 9.7, 9.10.1, 10.?.8, 10.3.2, I 1.5, 12.2.2.1, � �� 13.4.1, �13.4.2, i4.1�,� 14.2.2,� 14.4.2, 15.13, I S.l .5, � � 151.6,15.41 � Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.l .2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.41 �� Notice��ofTesting and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7,4 Occupancy 2.3,1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 143.1 OWNER 2 Owner, Definition of 2.1.1 O��ner, Evidence of Financial Arrangements 2.2,'132.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2,2.2,2.3,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, l 1.2, 13.4.1, 13.4.2, � � �� 14.1.1.4, 14_1.4, 15.1.4 � Owner's Authority 1.5,2.1.1,2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1,8.2.2,8.3.1,9.32,9.5.1,9.6.4,9.9.1,9.10.2, 10.3.2,11.4,11.5,12.2.2,12.3,132.2,14.3,14.4, 15.2.'1 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.63, 9.7, 9.8.5, 9.10.1, 14.2..i, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, 9.103, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.13, 14.2.1.2 Payment, Final 42.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4,9.6.7,9.10.3,11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 142.1.2 PCB 10.3.1 Performance Bond and Payment Bond 73.4.4, 9.6.'7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 23.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Poiychiorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.23, 15.1.4 AIA Document A201�- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Ti7e "A,m�rican €nstitu€e �P A3-cl,itects,° "A':a,° the AlA Lag�. "k�01." an� "kiA ConFrac_t Cacuments" are 7 ;egister�c t;adamarks and n�� y nat be used wiihcut permissian. This documentwas produced by AIA software at 17:40:18 ET on 09/14/2027 under Order 1 No.3418314441 which expires on 12/06/2021, is not for resaie, is licensed for one-time use only, and may oniy be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Project, Definition of 1.1.4 Project Representatives 4.2.10 PropertyInsurance 10.2.5, ll.2 Proposa( Reqairements � � � � � �� l.l.i PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4,9.9.1, 102.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1,3,5,3.12.6,8.21,9.3.3,9.4.2,9.5.1,9.10.1 Representatives 2.1.1,3.1.1,3,9,4.1.1;4.2.10, 13.2.1 Responsibility for Those Perfarming the Wark 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.31,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field �� Conditions by Contractor � � 3.2,3,12.T,6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,�.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 73.1, 8.3, 9.5.1, 9.7, 102.5, 103, 12.2.1, 12.2.2, 12.2.4;13.3,14,15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 , Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.'7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3,12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 93.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 42.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11 , 312, 42.'7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.'7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.92, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 122.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.'7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 33.2, 3.12.1, 3.18, 4.23, 5.2.3, 5.3, 5.4, 9.3.12, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3,9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3,12.2, 15.12 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. qmerican Institute of Architects. Ail rights reserved. Tiie':%-.nierican €nstitu€e of k3�cf?itects,° "AsA:° t�e AI?. �oga. "k"L�'i," and "kiA Cantrect �acuEnents" are $ ;egister�a trademarks ard nz�y naE i�e used wifhout permissian. This document was produced by AIA software at 17:40:18 ET on 09/14l2021 under Order / No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Subsurface Conditions �.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2;3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, 7.3.4, 8.2, 8.3 .1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, ` 910.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 142.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5,4:2, 14.3 ' Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.i.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 ` Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 ' TERMINATION OR SUSPENSION OF THE CONTRACT 14�� Tests and Inspections 3.i.3,3.33,3.7.1,4.22,4.2.6,4.2.9,9.4.2,9.8.3, 9.9.2,9.10.1, 10.3.2, 12.2.1,13.4 TIME 8 Time, Delays and Extensions of 3.2.4,3.7.4,5.23,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2, 10.4, 143.2, 15.1.6, 15.2.5 Time Limits 2.12,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,42, 5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4,10.2.8,15.1.2,15.1.3 Title to Work 9.3.2, 9.33 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 611, 6.2.1 Values, Schedute of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 122.2.1, 13.3.2, 142.4, 15.1J Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.102, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Wa rranty 3.5, 42.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 910.4, 12.2.2, 15.1.2 Weather Delays 83, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 314.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 AIA DocumentA201�- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Ti7e "r^.nierican insiitu!e of A��ef?itects,"'A;A,° the AiA laga. "k2�1." and "kIA �Jor:tract Cocume�t�" are 9 �egssterec irademarks and n2ay nof i�e used r�rifhout per!nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, a�d may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1,1 7he Contract Documents The 5 , , , ''��.,,:��-� c��^:�^^*:^^� "Contract Docccments" consist of the Construction Contract between the Owner and , Contractor, HLJD Form 92442M (OMB Approval No. 2502-0598; 06/18), dated as of September 16, 2021, as modified bv the varties (the "AQreement"1, these General Conditions ofthe Contract for Construction, AIA Document ��A201-2017, as modified by the parties (the "General Conditiotzs"l, the Drawin�s, the Specifications and all other exhibits attached to the A�reement and listed in Section 15.4.1 below, Addenda issued prior to execution of the ('�� ontract and attached hereto, other documents tisted in the Agreement, and Modifications issued after execution of the Contract. A"�^a��'Modi�cation" is (1) a written amendment to the Contract signed by both � parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the W ark issued by the Architect. Uniess specifcaliy enumerated in the Agreement, the Contract Documents do not include t-I�e other documents such as biddine requirements (e.Q., advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal �+��r��re�ts'requirementsl. Contractor acknowled�es and a�rees that notwithstandine any other provision in the Contract Documents (includine these General Conditionsl, all changes in the Work. Contract Time, and compensation to be paid to Contractor, whether bv amendment Chan�e Order, CCD or otherwise, require the prior written approval of Owner and the Lender (as defined below). AccordinglY; it is a�reed that anv provision in the Contract Documents (includin� these Generai Conditionsl, statin� or i�lvine that Owner alone may direct or authorize such chanees, is understood to mean that such chanees require Owner's and the Lender's prior written approval. § 1.1.2 The Contract The Contract Documents fornl the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto ��' � ��a�� ^*:^+;^^�, � n„*�*;��with respect to the matters set forth in the Contract Documents and supersedes prior neeotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architecf or the Architect's ^��•'�onsultants or (4) between any persons or entities other than the Owner and the Contractor. , , �b ' > �-�-1.3�#►e�eFl� �� „ , , , , R � � A� Tl,s D.�,;�^� .. J� § 1.1.2.1 The term "Contract," as used herein and in all the Contract Documents is inclusive of all the Contract Documents identified in Section l.l .l above. Terms defined herein and in the other Contract Documents are used in each consistentiv with the definitions set forth in such documents. All chanees, deletions, markin�s or additions to the A�reement and General Conditions have been intentionallv made bv the parties to reflect the correct understandin� of the parties with respect to the provisions of this Contract, and all provisions modified or altered bv such chanees, deletions markin�s or additions shall be fully bindinQ on the parties as so modified and altered. In the event of anv conflict or inconsistencv between the A�reement and/or anv other Contract Document on the one hand, and the provisions of the General Conditions on the other hand the provisions of the General Conditions shall prevail to the e�ctent of such conflict or inconsistencv. Thereafter, with respect to anv conflict or inconsistencv amone the terms of anv of the Contract Documents, the terms of the first-referenced Contract Document shall prevail to the extent of the inconsistency in the same order as thev are listed in Section 1.1.1, above, and in the event of "other documents" listed in Section 1.1.1 above. in the order so listed, except: (I ) that a Modification shall take precedence over that portion of anv other Contract Document which it modifies; (2) a chanee, addition, or deietion from the HCTD Form 92442M or AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tiie':Anierican €ns:itu€e af Architects;° "A;A," the AIA Logo. "H2Q1," and °k{A Car.tract Cocuments" ate � Q registered tradema; ks and n�;y not I�e used �+�ithaut per�rission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order ! No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-6me use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367} AIA form of these General Conditions shall take precedence over any conflictin� or inconsistent lan�ua�e in such form; (3) in the event of duplications or conflicts amon� the Contract Documents relatin� to the quaiity of the Work to be perFormed, the most complete and detailed method ofthe Work and the hi he est qualitv materials and equipment (as determined bv Architect), as among the various duplications or conflicts, shall be construed as the requirements, as lons as �enerallv consistent with the other Contract Documents and resolved in accordance with Section 3.2.2 below: and (4) with respect to conflicts or inconsistei7cies between the Specifications and the Drawings relatin� to the extent of the work to be performed, all work necessary for tlie execution of the Work (whether shown on the Drawines and not described in the Saecifications, or described in the Specifications and not shown on the Drawin�s) and anv work which is obviouslv necessary to complete the Work within the limits established by the Contract Documents shall be considered as part of the Contract, and shall be executed bv Contractor in the same manner and with the same character and c�uaiity of material as other portions of the Wark without anv increase in the GMP or extension of the Contract Time. A duplication of work is not intended bv the Contract Documents and any duplication specified shall not become a basis for exira cost to Owner. § 1.1.2.2 The Contractor is independentl �} responsible for obtainin�, reviewin� and coordinatine the provisions of all of the Contract Documents whether or not such documents have been delivered to the Contractor in connection with the request for bid. have been individually si�ned bv the Contractor and Owner or have been ph s�v attached to the AQreement or the General Conditions; provided, however, Owner must make such documents reasonablv available to Contractor. In addition; the Contractor is responsible for reviewin� all reports, investi�ations, test data and other documents reiatin� to the Work and the Proiect Site that have been provided to the Contractor. The failure to review or obtain anv such document shali not relieve or excuse the Contractor from compliance with its terms or the terms of anv Contract Document. By execution of the Contract, Contractor represents that it has read and understands all of the Contract Documents and that it can and will complv with all of the provisions therein. § 1.1.2.3 The Contractor's proposals and bid submittals in connection with the Proiect (includin�, without limitation, anv invitations, instructions to bidders issued by the Owner, as weli as anYcommunications relatine theretol, if anv, are not part of the Contract and shall not be the basis for any claim by Contractor. All are superseded by the provisions of the Contract Documents. § 9.1.2.4 The Contractor acknowledees that the Owner has or may enter into aereements with one or more lenders in connection with the Proiect (collectivelv, °Lender") to obtain United States Department of Housina and Urban Development ("HUD") insured financin� for the Project, and that in connection with such aereements and financina, certain changes mav be requested bv the Lender to this Contract, including the addition of provisions relatin� to certifications and reports from the Contractor to the Lender. The Contractor a�rees that it shall complv with anv reasonable modification,request or requirement of the Lender (includin�, but not limited to, reasonable requests for documentation` and certifications), provided such modification, requirement or request does not substantiallv, materially or unreasonably alter a materiai or financial term of this Contract (and subiect to Contractor°s prior review and approval of such modification or request, which shali not be unreasonablv withheld). § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partiallv compieted,� and includes all other labor, materials, equipment and services provided or to be provided bv the Contractor to fulfill the Contractor's obli�ations. The Work mav constitute the whole or a part of the Proiect. $ 1.1.3.1 The Contractor shall provide, and as used in the Contract Documents the Work shall include, all ]abor, supervision. � materials, fixtures, special facilities, built-ins, equipn�ent, tools, supplies, taxes, permits (includin�, without limitation. occupancy_permits, unless precluded bv the DrawinQs and Specifications), buildine and other pern�it related inspections, and other propertv and services necessary to timely and properlv produce all work and completed construction required or reasonablv inferable from the Contract Documents and all work, services and materials necessary to produce fully connected, complete, operational and functional Project for the Owner as required b�the Contract Documents. In determinin� what is reasonablv inferable from the Contract Documents, all such documents shall be construed to�ether, and sha11 not be read bv separate trade areas or desi�n divisions, and shall be interpreted as requirine fullv connected, complete, operational and functional systems and finishes. In this re�ard, Contractor acknowled�es and agrees that priar to the date the Contract was executed, Contractor had various meetines with the Architect and the Owner to: (a) review the Drawines and Specifications. as then prepared bv the Architect; (b) discuss the scope of the Work required for the Proiect; (c) identify and resolve issues and questions re�arding the scope of Work for the Project: (dl clarifv the intended nature and character of, the scope of Work for the Project (e) AIA DocumentA201°- 2017. Copyright OO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. qmerican Institute of Architects. AII rights reserved. Ti�e ^^r,nierican €ns6tute ef Architects:" "A;�l," the AIA Loge, "A"LQ't." an� "AIA Cantract Gacumenfs" are ,� ,� ;eoisterec tradema�cs ard n22y noE I:e used xiEhout per�nissian. This docume�t was produced by AIA soHware at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) further develop, describe delineate and specifv the Work; (fl prepare cost estimates and take-offs and assess the cost of performin� and constructin� the Work as set forth in the Drawin�s and Specifications as then prepared bv the Architect• (2) identify and evaluate vaiue en�ineerin� suggestions and alternatives: and (h) ultimatelv a�ree upon the GMP based upon Contractor's participation in such meetines and discussions. § 1.1.3.2 The Contractor acknowied�es that it mav be responsibie, throueh the retention of certain desisn/build subcontractors who shall be under contract with the Contractor, for the final desien and eneineerin� of certain elements of the Work includine but not limited to: Trusses Stairs Fire S�rinkier System. Landscape Irriaation, Fire Alarm ERRC (Conduit and Wire OnIY) (which work is collectively referred to herein as the "Desigr:/Build Work"1. Contractor further acknowledees that the Desi�nBuild Work is set forth in the Contract Documents onlv in outline fonn. Contractor a�rees, however, that with respect to the DesiQnBuild Work, Contractor shall provide, throu�h desi�n/build `subcontractors retained b�Contractor all work or services (of either an en�ineerin� or construction nature) necessary to.provide the Owner with full complete and operational systems in compliance with all applicable codes and industry standards. whether or not all such work is currently itemized in the Contract Documents in full and exact detaiL The Contractor further aerees that the later refinement or description of the Desi�n/Build Work, whether bv'written instruction or the issuance of further plans, specifications, directions or clarifications, shali not entitie the Contractor to anv compensation in addition to the GMP unless such Iater description involves work of a materiallv different nature character, scope or cost (other than refinement) than that set forth in the Contract Documents in existence' as of the date of the Aereement and/or to the extent such later refinement or description increases Contractor's cost to perform the Work and is required b�a chanee in applicable laws promuleated followin� the date � the�Aereement �� The �Contractor�aerees that the Desi�n/Build Work shall compiv with applicable Laws (as defined in the Aereementl and with the requirements and desi�n concepts established in the Contract Documents. An� completed or installed Desi�n/Build Work, which does not so complv, shall be corrected, modified, repaired or reolaced promptiv and at no cost to the Owner Owner a�rees that byprovidin� or furnishing Desi�n/Build Work the Contractor is not holdine itself out as an architect or eneineer, nor practicin� either of those professions. Contractor is mereiv furnishing the services of others to the Owner throueh subcontractors who are licensed or authorized architects and en�ineers as applicable and Owner shall not refuse to pav anyportion of the Contract Sum on the basis thaf Contractor is not a licensed or authorized architect or eneineer. Contractor acknowledaes and a�rees that it must require all subcontractors performin� DesienBuild Wark to cari•y�rofessional errors and omissions insurance covera�e in amounts reasonabl�pproved in writine bv Owner and shall furnish evidence of the same to Owner prior to the commencement of each such subcontractor's work on the Proiect. Contractor expresslv acknowled�es and aQrees that all drawin�s plans specifications renderings models special art work and other work provided as part of the Contractor's or'its Subcontractors' services in connection with the Desi�n/Build Work required pursuant to this Contract fcollectivelv referred to herein as the "Design-Build Drawirrgs"1 shall be the sole propertv of the Owner, whether the Proiect is executed or not and sha11 not be used bv anv person other than the Owner on proiects other than this Proiect. Contractor acknowledQes and a�rees that the it shall require the provisions of this Section to be incorporated in all contracts for the services of subcontractors performing Desien-Build Work. Owner aarees that Contractor mav retain the orieinal set ofthe Design-Build Drawin�s for record. Contractor a�rees that the Owner shall have the ri�ht to use the Design-Build DrawinQs and the ideas and desi�ns contained therein for the completion and construction of the Project, Owner's occupancy use, maintenance and repair of the Project, and for additions. aiterations or future construction to the Proiect, without pa�e Contractar (or its subcontractors) anv compensation other than the amounts �avable to Contractor pursuant to this Contract far services actuallv provided to Owner, ar in the event of termination such amounts as are required bv this Contract as a result of such termination. If requested, upon �avment of undisputed fees and expenses due and owin� Contractor in accordance with this Contract, Contractor within seven (7) days after the date of termination, shall deliver to Owner a complete set of ali Design-Build Drawings and specifications pre�ared for the Proiect bv Contractor and its subcontractors prior to the date of termination. § 9.1.3.3 Contractor expresslv acknowled�es and a�rees that durin� the prosecution of its Work under the Contract Documents third partv contractors will also be performina certain other work on or near the site of the Proiect (the "Project Site") where the Contractor performs its Work under this Contract (collectivelv, the "Simultaneous Work") and that Contractor will or may also be performin�, under a separate contract or contracts (collectivelv. the "Separate Cotttracts") certain other work as mav be agreed upon by the parties, on or near the Proiect Site and related to this Proiect and/or other phases of the Cavile development (all of the foreQoin� work is collectivelv referred to herein as the "Contractor's Separate Work"). Contractor acknowled�es and a�rees that it shall be responsible for seauencin� its Work under this Contract with the requirements of the Separate Contracts, includins the abilitv to commence and achieve Substantiai Completion and Final Completion required hereunder in accordance with the requirements of this AIA DocumentA201�- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. The "Americar, instituie ef A��chitects:"'RIA," f5e AIA. Logo. "k24 ;." an: "RIA f:0Yk2f3Cf GOCUI;18;tiS' are ,� 2 regis#ered t;ademarks ard nzap noi iJe used v�i:hcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Contract. In this re�ard, Contractor acknowledtres and aerees that the schedule for performine Work hereunder is sufficient to allow Contractor to timely dischar�e Contractor's obii�ations under the Separate Contracts (if any) ai�d vice-versa. Contractor further aerees to maintain ciose communication, and shall coordinate its activities and work `sequence; with the contractors performinQ the Simultaneous Work, and Contractor shall coordinate its Work hereunder with all of the Contractor's Separate Work, so as not to adverselv impact the Simultaneous Work or the Contractor's Separate Work or preclude anv such work from bein� performed pursuant to the obli�ations of the contract documents relatin� thereto, or to adverselY in�pact Contractor's Work under these Contract Documents. Contractor further acknowledees and aerees that it has included in the GMP all costs necessary to reasonablv coardinate and sequence its Work, while the Simultaneous Work is bein�performed on or adjacent to the Project Site. and with the Contractor's Separate Work. With respect to Simultaneous Work and the Contractor's Separate Work, the Contractor a�rees thaYsuch work shali not constitute an Excused Delav (as that term is defined in Section 15.1.63) and the Contractor shall not be entitled to anv extension in the Contract Time, or additional compensation or anv increase in the GMP, arisin� from or relatin� in anv wav to the Simuitaneous Work or the Contractor's Separate Work, includine, but not limited to, claims alle�ina that such Simultaneous Work or Contractor's Separate Work delayed, impeded or accelerated the Contractor's Work hereunder, adversely impacted the anticipated sequence of the Work hereunder, or oaused the Contractor or its Subcontractors to sustain anv labor inefficiencies, all of which such claims, or anv other ciaims relatin� in any way to the Simultaneous Work or the Contractor's Separate Work, are herebY exvressly waived. Notwithstandine the fore�oin�, Contractor retains the rieht to make a claim for an Excused Deiay pursuant to Section I5.1.6 below to the extent the critical path of the Work is delayed by the Simultaneous Work and such delav: (a) is caused b t�partv contractors in the �erfonnance of the Simultaneous Work; (bl could not have been reasonably avoided or miti�ated by Contractor, (cl is not caused bv Contractor, anY Subcontractor, or anv other person or entitv for whom Contractor or its Subcontractors are responsible; and (d) otherwise constitutes an Excused Delav• $ 1.1.4 The Proiect The "Proiect° is the total construction of which the Work performed under the Contract Documents mav be the whole or a_part and which mav include construction bv the Owner and b��separate contractors. § 1.1.5 The Drawings The �"Drawirrgs" are the graphic and pictorial portions of the Contract Documents showing the design, 7ocation and dimensions ofthe Work, generally including pians, elevations, sections, details, ��'��a.,,�� ^a a:��~�� schedules and dia�rams. Drawinss are intended to show general arraneement. desi�n and extent of the Work and are partly dia�rammatia As such, thev are not intended to be scaled for measurements or to serve as Shop Drawin�s, tlie responsibilitv for preparation of which shall be entirelv the Contractor's. Laree scale Drawines shali take precedence over smail scale Drawin�s and fi�ures, dimensions and noted materials shall take precedence over r� aphic r�resentations.' Architectural Drawin�s shall take precedence in re�ard to dimensions when in conflict with mechanical/electrical or structural Drawinas except for the size of the structural members. Before be�innin� anv Work involvin� dimensions that depend upon or are affected bv existine conditions, the existin� conditions shall be verified and shall take precedence over the Drawinas with retrard to dimensions. § 1.1,6 The Specifications ' The C��'�� "Snecificatio�ts" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service I T��*�.,.,,o�*� �keon,:^o "Instruments oiService" are developed, of the tangible and intangible creative � representations, in any medium of expression now known or later ✓ork performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other simitar materials. . � r.trt�■.�n:�a�� _ .. ._ . b ' $ 1.1.8 Intentionallv Deleted. Init. AIA DocumentA201°- 2077. Copyright� 1911, 1915, 1918, 1925, �937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ti7e'nn�erican €ns;itute of Architects," "AiA," fhe ,�IA Logo. "k20i." and "AIA 4'antract CacuFnenis" are 13 �egsster�a i;ademarks ard n�ay naE 'r_•e used wiEhaut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § �.2 (`,..-.-ol,.r:.,,, .,.,a T.,t�.,� ,.Fti,o (`,,,,+r....* T.,.....,,.e.,r� CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include ali items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if reguired by all; perfonnance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 � . , � • , , � ' ' ' ' s .Intentionallv Deleted. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shail not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known teclmical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.2.4 Intentionallv Deleted. § 1.2.5 The Contractor shall be solel�ponsible for assi�nin� or dividina the Work amon� Subcontractors as necessary to accomplish the proper and timely completion of all Work, and shall require all Subcontractors to a�ree, in writine to the Project Schedule. The failure of the Contract Documents to identifv the trade or tvpe of Subcontractor responsible for each or anv element of the Work or to assign or divide the Work to or amone different Subcontractors shall not entitle the Contractor to any additional compensation from the Owner. § 1.2.6 The Contractor acknowledQes and a�rees that the Architect's drawin�s are diaarammatia Where there are intersections involvin� various ducts pipin� and equipment, particular consideration shall be �iven to clearances required for future maintenance and service. Where tieht conditions or interferences develop, the Contractor shall confer with the Subcontractors whose work is affected to reach an acceptable solution. The sue�ested solution shall be submitted to the Architect and Owner for review and a�proval. The Contractor is deemed to have taken into consideration that minor interferences will occur and it shall be understood that extras for necessary minor variations will not be considered. The Contractor and all Subcontractors shall verify measurements at the Project Site. § 1.3 Capi#alization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (S) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intel�ded to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Instruments of Service, including the Drawings and Specifications, and r�'��~ ^" ^^~�~~^^ ,�.., �*�*„'^�' ^"`' ^`''�r � �� • > , , �5 • , ' ' ' . ther documents prepared by the Architect throu�h which the Work to be executed bv the Contractor is described shall not be used bv anv person other than the Owner on projects other than the Proiect unless expresslv authorized in writin� bv both Owner and Architect. The Contractor mav retain one Contract record set. All copies of such Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted far to the Owner and Architect on request, ar AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The 11tit. American Institute of Architects. AII rights reserved. Ti7e "!',n�erican =ns.itute of Architects," °r,iA,° the AiA lo�o, "A209." anci "kIA Coniract Cocuments" are 14 registered trademarks an� n�Ky nat be ussd wiihcut per:rission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Orcler 1 No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. UserNotes: (1261389367) u�on compietion of the Wark. The Instruments of Service prepared bv the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are ��*��ranted a limited license to use and reproduce the a�plicable portions of the Instruments of Service provided to them, o�*�w':�woa �,.v�.,��* *^ co^*;^^� ,'' ^^a '.4, solely and exciusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to i#�this Project outside the scope of the Work without the specific written consent of the n..,�� ^��,:'��+ ,,;a ,,,� �..,.w:.o,..�.. „ „i*.,.,*...Owner. �—�-�—Net+se & 1.5.3 As used herein the term "Proprietary Irr/'ormation" shall mean all information which the Contractor acquires from the Owner, or arises out of the Work on the Project and concerns the present and future plans of the Owner, ar pertains to the operations of the Owner's business. or to the use of the Proiect (Proprietary Information shall not include information that is or becomes part of the public domain except if throu�h a disclosure in violation of this Contract.i The Contractor represents to the Owner that it has and employs policies and procedures, includine, but not limited to, notices to its Subcontractors and their respective emplovees, desiened to protect Proprietary Information and to prevent its unauthorized publication and disclosure. The Contractor aerees that the Owner's Proprietary Inforn�ation shall be subiect to such policies and procedures. Specificaliv, and in addition, the Contractor a�rees that it will take reasonabie measures to prevent disciosure of such Proprietary Information to an t�person and will not use anv Proprietary Information other than on the Owner's behalf, except as the Owner mav otherwise authorize in writin�. The Contractor also`aerees to take all reasonable precautions to safeeuard anv documents which the Owner mav supplv to it hereunder which contain Proprietary Information. The Contractor mav make copies of such documents to the extent and onlv to the extent necessary for the performance of its obli�ations hereunder. The Contractor aerees, upon com�letion of the Project, to return to the Owner or destroy all documents containin� Proprietary Information. All public relations matters arising out of or in connection with the Project shall be the responsibiiitv of and be handled bv the Owner. The Contractor shall not make anv announcement or publication in connection with the Project without the Owner's prior written approval. The Contractor shall have the ri�ht to inciude renresentations of the Project among the Contractor's promotional and professional materials, onlv with the prior written approval of the Owner. Project si�ns visible from off the Project Site and displaved for the purposes of advertisin�participation on the Project ma �Z only be erected if approved in advance bv the Owner in writin�. � 1.6 Transmission of Data in Diqital Form § 1.6.1 � . ._, � b � f .If the parties intend to transmit Instruments of Service or anv other information or documentation in di�ital form, thev shall endeavor to establish necessar�protocols �overnin� such transmissions, unless otherwise alreadv provided in the Aereement or the Contract Documents. § 1.6.2 . . b ' , � .Intentionallv Deleted § 1.7 Contract 5um As used in the Contract Documents, the term "Contract Sum" shall mean the total compensation to be paid to the Contractor pursuant to Article 4, Section A of the A�reement, and as set forth herein, and shali equal the sum of both the Contractor's Fee and the actual cost of construction (meanine the Cost of the Work, as defined in Section 1.9 belowl. The "Contractor's Fee" shall mean the amount equal to the sum of Contractor's profit set forth in Article 4, Section A(21 of the Agreement. Contractor's �eneral requirements and Contractor's overhead (lines 43 and 45, res�ectively set forth in Contractor's and/or Mortga�or's Cost Breakdown (I�UD-2328) attached to the A�reement as Exhibit F). The Contractor's Fee shall be the Contractor's sole and exclusive compensation for its profit, home office services and supervision, overhead and for anv and all other costs and/or expenses incurred in connection with the performance of the Work on the Project, except for items specificallv included in the Cost of the Work, and except for those increases expresslv permitted herein. If, and onlv if, the GMf' (as defined below) is increased pursuant to the AIA DocumentA201°- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Tst� "American :nstituie of Architects;" "Air�,° t�e AiA �a�c. "A20i." and "kiA Gantracf Cxu�nents" ar� 15 registered trademarks aru n�ay no`: i:e ussd :vitheut Rermission. This docume�t was produced by AIA software at 17:40:18 ET on 09H 4l2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) terms of the Contract, the Contractor's Fee, subject to the Cap on the Contractor's Markup, shall be adiusted as set forth in Section 7.3.3.4 of the Genera] Conditions, which percenta�e shall include Contractor's profit, overhead, and eeneral conditions. & 1.7.1 Notwitl�standine an hin� to the contrary in the Contract Documents, in no event shali the sum of (i) Contractor's �,eneral conditions. �eneral requirements and/or anv other Eenerai or similar expenses and (ii) Contractor's overhead and profit (items (i) and (ii) bein� referred to collectively herein as the °Co�itractor's Markup"), as a percentase of the Contract Sum. be ereater than fourteen percent (14%) at the time of commencement of the Work and with respect to anv Chanae Order. The product of (a) 14% and (b) the Contract Sum shall be referred to herein as the "Can on tlre Contrnctor's Mnrkup." To the extent the Contractor's Markup at the time of commencement of Work or with respect to any Chan�e Order, exceeds the Cap on the Contractor's Markup, the Contractor aQrees that the Contractor's Markup shali be reduced such that the Cap on the Contractor's Markup is not exceeded. § 1.7.2 Limitations if anv, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Ten percent (10%) in the aegreeate, unless otherwise mutualiv a�reed upon in writin� bv Owner and Contractor. § 1.7.3 Rental rates far Contractor-owned equipment shall not exceed the standard rate paid at the place of the Proiect. § 1.8 Guaranteed Maximum Price (GMP) Except and onl f�v increase expressi�permitted bv the terms of this Contract the Contract Sum is �uaranteed by the Contractor not to exceed the "Guaranteed Maximum Price" or °GMP." which equals the amount set forth at the end of Article 4 Section A of the Aereement. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement bv the Owner. The Contractor shall receive no compensation in excess ofthe GMP for anv costs incurred bv the Contractor in repairin$ or correctine, or supervisine the correction or repair of defective or non-conformin� Work �erformed or supplied b�}_anv Subcontractor, material supplier or anv other person or entitv employed by or under contract with or on behalf of or under the su�ervision of the Contractor, reeardless of whether or not such defective or non-conformine Work resulted from the fault or ne�lect of the Contractor or the Contractor's personnel, and the Contractor's sole remedv with respect to the recovery of anv such costs in excess of the GMP shall be whatever remedies are contained in the Contractor's aereements with its Subcontractors, suppliers and other persons or entities providin� Work on the Proiect. § 1.8.1 Notwithstandin� anvthina contained herein to the contrarv, Contractor acknowledees that the COVID-19 pandemic is ongoine as of the date of this Contract and accordinelv all existing pandemic conditions and restrictions are known and not unforeseeable. Contractor therefore aerees that it has considered and included current impacts related to the COVID-19 pandemic and associated existin� �overnmental orders into the Guaranteed Maximum Price, and that such events shall not �ive rise to an increase in the Guaranteed Maximum Price. & 1.8.1.1 If the actual Cost of the Work plus the Contractor's Fee is less than the GNII' as set forth above, then, subiect to this Section 1.8.11 all such savin�s shall be retained by (or returned to. as applicable) the Owner. Contractor shall deliver to Owner within one hundred ei�htv (180) days ofthe commencement of construction, and every ninetv (90) days thereafter an accountin� showin� anv and all savin�s inurin� to Owner's benefit (subiect to this Section 1.8.1.1) in a separate line item described as °Unallocated Savin�s." The savings shall be calculated with respect to the entire Work and not with respect to individual items of cost in the schedule of values. Contractor shall maintain a buv-out lo� and shall furnish an updated version of such Io� to Owner together with each Unallocated Savines accountin� report described above Owner in its discretion mav at anv time: (i) use the Unallocated Savin�s to pay for Work performed bv Contractor pursuant to dulv executed Chanae Orders and/or CCDs which use shall be in place of the increase in the GMP to which Contractor would otherwise be entitled pursuant to the Contract Documents on account of such Chan�e Orders and/or CCDs: and/or (ii) direct, pursuant to a CCD, that the GMP be reduced bv the amount of such Unallocated Savin�s. With each such accountin�, Contractor shall also deliver to Owner and Architect for review and approval an adjusted schedule of values. Notwithstandine the fore�:oina, on or before seventv-five percent (75%) completion of the entire Work required bv the Contract Documents, and subiect to the prior written approval of Owner and Owner's lenders and investors, the terms of the Contract Documents and the limitations contained in this Section 1.8.1.1 Contractor shall be entitled to allocate AIA DocumentA201°- 2077. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 7961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Tlie "P.nierican ins:ituEe �f Architects:" "Ala," the AiA Laga. "A2D"s," anu °kIA t;ontract Cocuments" are ,� 6 registerec trademarks and n�ny nat ce usad without per3nission. This documentwas produced by AIA software at 17:40:18 ET o� 09/14/2021 under Order / No.3418314441 which expires on 12J06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) from and applv the Unallocated Savin2s (if anv) after commencement of the construction Work for the fol lowin�, and no other, purposes re]atinQ to the Work: (i) unanticipated cost overruns within the Cost of Work despite Contractor's best efforts to recover such overruns from anv responsible Subcontractar(s) or applicabie policies of insurance, which efforts shall not require Contractor to incur costs or expenses to commence any formal dispute resolution procedures under this Contract or anv applicable subcontract; (ii) minor chan�es due to desisn durine construction, if an ;� unanticipated costs caused by chan�es in the local market, labor or material conditions due to market disruptions that �could �noY have been reasonablv foreseen bv Contractor (including anv events of force majeurel; (iv) concealed conditions not otherwise covered bv Article 12 below: (v) for implementine an acceleration plan pursuant to Section 15.1.6.5 below; or (vi) other unanticipated costs incurred by Contractor and not otherwise recoverable or reimbursable pursuant to other provisions of the Contract; provided, however, that Contractor mav not applv, use or aliocate from the Unallocated Sa�in�s any amounts for anv of the fore�oin� purposes that are the result of, relate to, or arise from ��anv neelieence, willful'misconduct, fraud, materiai breach or material failure to perform, bv Contractor or anv Subcontractor. Su�ect to the other restrictions in this Section 1.8.1.1, Contractor mav onl�pplv and allocate from the Unallocated Savin�s with Owner's prior written approval in each instance. Contractor's sole and complete recovery for anv costs or expenses not otherwise included in the Cost of the Work or Contractor's Fee shali be such funds as are actualiy available from the Unallocated SavinQs pursuant to this Section 1.8.1.1. Upon 75% completion of the entire Work required bv the Contract Documents, Contractor's entitlement to allocate from and applv the Unallocated Savin�s (if any) �a�ainst the costs set forth in this Section 1.8,1.1 (or otherwise) shall be closed and all remainin se avin�s (if anv) plus any future savin2s incurred after such date shall be retained b�(or returned to, as �plicable) Owner and Contractor shall have no further right to �avment for the items referenced in this Section 1.8.1.l, but shall incur and pav for all such costs and expenses without reimbursement from Owner or anv increase in the GMP. To request the use of the Unallocated Savinss, Contractor shall submit a Chanee Order request to Owner settin� forth in reasonable de#ail why the ailocation is requested, and each use of the Unallocated Savin�s bv Contractor with Owner's approval shall be reflected (with a narrative explanation in writin�) on the respective Apblication for Pavment for the period durin� which Contractor makes such use. Costs for which the Unallocated Sa�in�s are used shall be considered a Cost of the Work. § 1.8.2 Intentionallv Deleted. § 1.8.3 The Guaranteed Maximum Price is based on the assumptions and clarifications set forth in Exhibit B. § 1.8.4 Allowances included in the Guaranteed Maximum Price, if anv. are as set forth in Exhibit A-1. � 1.8.5 To the extent that the Drawings and Specifications are anticipated to require further development bv the Architect, the Contractor has provided in the GMP for such further development consistent with the Contract Documents and reasonablv inferable therefrom. Such further development does not include such thinas as chanees in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated bv a Change Order or CCD, nursuant to the applicab(e provisions of the Contract Documents, includina, without limitation, if ap.plicable, the Claims and� notification procedures set forth in the Contrac� Documents. § 1.8.6 To the extent, if at all, that the Guaranteed Maximum Price has been established prior to the full completion of the desi�ns for the Proiect, based on desi�n development and partially completed construction documents, Drawinas and Sbecifications, which are anticipated to require further development and/or refinement bv the Architect after execution of this Contract, Contractor nonetheless has provided in the Guaranteed Maximum Price contin�encies for such further refinement or description consistent with the Contract Documents in existence as of the date of this Contract, and reasonably inferable therefrom, plus written snecifications, directions and ciarifications. Accordinelv, Contractor a�rees that anv later refinement or description of the Work shall entitle Contractor to compensation in addition to the GMP onlv if: (i) such later description involves work of a materially different nature, character, scope or cost (other than refinement) than that set forth in or reasonably inferabie from the Contract Documents in existence as of the date of the Aereement; and (iil Owner has authorized the Contractor to proceed with such work in advance and in writin� in a fuilv executed Chanse Order or CCD. To the extent the Contractor believes that such later description of the Work satisfies item (il in the previous sentence, but Owner disaerees and accordinely will not execute a Chan�e Order or CCD, the Contractor shall execute the Work and shall be entitled to submit a Claim in accordance with the applicable provisions of the Contract Documents for such additional comnensation as ma� warranted in accordance therewith. § 1.9 Actuai Cost of Construction and the Cost of the Work Init. A�A DocumentA201�- 2ot7. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ail rights reserved. Ti7e "Anierican •.nstitu!e cf A3�chitects:° "AIA,° the AiA �ogc. "k�07." anci "kiA �;antract Gacurnents" are �' registerec #;ademarks ar:d �itaV ?SOY f 2 US�d w's=hout permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06l2021, is not for resaie, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-maii copyright@aia.org. User Notes: (1261389367) The term °Cost of tlie Work" sl�all mean the "actual cost of construction" as used in the A�reement and Yhe other Contract Documents, and vice versa, and shall mean onlv those costs necessarily incurred bv the Contractor in the proper performance of the Work. Such costs shali be at rates not hieher than the standard paid at the place of the Project except with prior consent of Owner. The Cost of the Work shall include only the items set forth in this Section 1.9. Where anv cost is subiect to Owner's prior approval, the Contractor shall obtain this approvai in writinQ prior to incurrintr the cost. The parties shall endeavor to identifv anv such costs prior to executin� the AQreement. § 1.9.1 Labor Costs 6 9.9.1.1 Waaes of construction workers directl ��plo �Led bv the Contractor to perform the construction of the Work at the Proiect Site or, with Owner's prior approval, at off-site workshops. § 1.9.1.2 Wages or salaries of the Contractor's supervisory and administrative personnei when stationed at the Proiect Site and performin� Work_ with the Owner's prior approval. § 9.9.1.2.1 Wa�es or salaries of certain personnel stationed at Contractor's principal or other offices other than the Project Site. but onlv for that portion of time required for the Work, and limited to the personne] and activities (isted below: (Identi, fv the persorrnel, type of activitv and zf applicable, anv agreed upon per�centa�e of time to be devoted to the Work. N/A & 1.9.1.3 WaQes and salaries of the Contractor's supervisory or administrative personnel en�a�ed at factories, workshops or on the road, in expeditine the production or transportation of materials or equipment reauired for the Work, but only for that portion of their time required for the Work. 51.9.1.4 Costs paid or incurred bv the Contractor for taxes, insurance, contributions, assessments and benefits required by Laws or collective bar�ainin� a�reements and, for personnel not covered bv such aQreements, customary benefits such as sick leave medical and health benefits, hoiidays, vacations and pensions, provided such costs are based on waees and salaries included in the Cost of the Work under Sections 1.9.1.1 throu�h 1.9.1.3. § 1.9.1.5 Bonuses profit sharin�, incentive compensation and any other discretionar�pa m�paid to anvone hired by the Contractor or paid to anv Subcontractor or vendor, with Owner's prior approval. § 1.9.2 Subcontract Costs Pavments made bv the Contractor to Subcontractors in accordance with the requirements of the subcontracts entered into forthe performance of Work on the Project. § 1.9.3 Cost of Materials and Equipment Incorporated in the Completed Construction § 1.9.3.1 Costs includins transportation and storaee, of materials and equipment incorporated or to be incorporated in the completed construction and/or the Proiect. § 1.9.3.2 Costs of materials �described in the preceding Section 1.9.31 in excess of those actuallv installed to allow fbr reasonable waste and spoilaee. Unused excess materials, if any, shall become the Owner's propertv at the completion of the Work or at Owner's option, shall be sold bv the Contractor. Anv amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 1.9.4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items S 1.9.4.1 Costs of transportation, stora�e, installation, maintenance, dismantlin� and removal of materials, supplies, temporary facilities machiner�quipment and hand tools not customariiv owned bv construction workers that are provided by the Contractor at the Proiect Site and fullv consumed in the performance of the Work. Costs of materials, supplies temporary facilities, machinerv, equipment and tools that are not fu11v consumed shall be based on the cost or value of the item at the time it is first used on the Project Site less the value of the item when it is no lon�er used at the Project Site. Costs for items not fully consumed bv the Contractor shall mean fair market value. $ 1.9.4.2 Rental char�es for temporary facilities, machinerv, equipment and hand tools not customarilv owned bv construction workers that are provided bv the Contractor at the Pro_j,ect Site and costs of transportation, installation, AIA Document A201�- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. The':Anieri�zn !nstitute oP Architects:" "Ai�;° fhe AIA, Logc. "A20i," and "FaIA Contract Cacuments" are ,� $ �egistered tradamar`Ks and n�ay na: be usec4 �a�i=.hcut per3nission. This docume�t was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-6me use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) minor repairs, dismantline and removal. The total rental cost of any Contractor-owned item may not exceed the purchase price of anv comparable item. Rates of Contractor-owned equipment and quantities of equipment shall be subject to Owner's prior approval. § 1.9.4.3 Costs of removal of debris from the Proiect Site of the Work and its proper and lesal disposal. ., � . `. ... � b b •�• • > > > > ..1... ..F .7:..:f.,1 .J.,+.. . . „b� b § 1.9.4.4 Costs of document reproductions. facsimile transmissions and lone-distance telephone calls, postaQe and parcel delivery char e� s. telephone service at the Proiect Site and reasonable pettv cash expenses of the Project Site office. � b b b b ' ' � .7 b > �- > > > > > b ..� .•...n4i,,., r, .,raol ...7 �....+i. ..�4i,o:._ ., ..4� .....a e ..Ir,.,een �� • § 1.9.4.5 Costs of materials and e ui ment suitablv stored off the Project Site at a mutuallv acceptable Iocation. subiect to Owner's urior approval. 61.9.5 Miscellaneous Costs $ 1.9.5.1 Premiums for that portion of insurance and bonds reguired bv the Contract Documents that can be directiv attributed to this Contract. Self-insurance for either full or partial amounts of the covera�es required bv the Contract Documents, with Owner's prior approval. & 1.9.5.2 Sales, use or similar taxes imposed by a�overnmental authoritv that are related to the Work and for which the Contractor is liable. � � � § 1.9.5.3 Fees and assessments for the buildingpermit and for other permits, licenses and inspections for whicli tlie Contractor is required by the Contract Documents to pay. § 1.9.5.4 Fees of laboratories for tests required bv the Contract Documents, except those related to defective or nonconformine Work for which reimbursement is excluded bv Section 13.4.3 of these General Conditions or b o� provisions of the Contract Documents, and which do not fall within the scope of Section 1.9.6.3 or are not otherwise excluded by the provisions ofthis Contract. § 1.9.5.5 Rovalties and license fees paid for the use of a particular desi�n, process or product required by the Contract Documents; the cost of defendin� suits or claims for infringement of patent riehts arisine from such requirement of the Contract Documents; and pavments made in accordance with leeal judQments aeainst the Contractor resultine from such suits or claims and �ayments of settlements made with the Owner's consent. However, such costs of leeal defenses. jud�ments and settlements shall not be included in the calculation of the Contractor's Fee or subiect to the Guaranteed Maximum Price. If such rovalties, fees and costs are excluded bv the last sentence of Section 3.1'7 ofthese General Conditions or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. S 1.9.5.6 Costs for electronic equipment and software, directiv related to the Work with Owner's prior approval. § 1.9.5.7 Deposits lost for causes other than the Contractor's or its Subcontractors fault, ne�li�ence or failure to fulfill a specific responsibility in the Contract Documents. AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Iitit. American Institute of Architects. All rights reserved. Tiie "Anierican insiitute ef A3�chitects,"':Ala," the AiP. Logc. "A"LQi." an� "AI? Cantract Gacuments" are � 9 registered irademarks ar:d may not be usad wi`.haut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06l2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 1.9.5.8 Subiect to Owner's prior written approvai, expenses incurred in accordance with the Contractor's standard written personnel policy for relocation and temporary livin� allowances of the Contractor's personnel required for the Work. § 1.9.5.9 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while travelinE (which ex�enses must be previously approved in writine bv Owner if thev shall exceed twentv-five i25) miles) in dischar5e of duties connected with the Work and actuallv paid to the Contractor's personnel. § 1.9.6 Other Costs and Emergencies & 1.9.6.1 Other costs incurred in the performance of the Work if, and solelv to the extent, approved in advance in writin� by Owner. § 1.9.6.2 Costs incurred in takin� action to prevent threatened dama�e, iniury or loss in case of an emer�encv affectin� the safetv of persons and prope . as provided in Section 10.4 of these General Conditions. $ 1.9.6.3 Costs of repairin� or correctine dama�ed or nonconforminQ Work executed bv the Contractor, Subcontractors or su�pliers, provided that such damaged or nonconformina Work was not caused by ne�lieence or failure to fulfill a specifio responsibilitv of the Contractor and onlv to the extenY that the cost of repair or correction is not recovered by the Contractor from insurance, sureties. Subcontractars, suppliers, or others, or otherwise excluded by the provisions of the Contract. $ 1.10 Related Partv Transactions $ 1.10.1 For purposes of Section 1.10, the term "related partv" shall mean a parent, subsidiary, affiliate or other entitv havin� common ownership or mana�ement with the Contractor; anv entity in which any stockholder in, or mana�ement emplovee of, the Contractor owns anv interest in excess of ten percent (10%) in the aeeregate: or anv person or entitv which has the riaht to control the business or affairs of the Contractor, includine anv member of the immediate familv of anv person identified in this Section 1.10.1. § 1.10.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related partv, the Confractor shall notifv Owner of the specific nature of the contemplated transaction, includine the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If Owner. after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, �oods or service from the related party, as a Subcontractor, according to the terms of Article 5. lf Owner fails to authorize the transaction, the Contractor shall procure the VVork, equipment, eoods or service from some person or entity other than a related partv accordin� to the terms of Article 5, � � § 1.11 Intentionallv Deleted. § 1.12 Costs not to be Included in the Cost of the Work The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principa] office or offices other than the Project Site office, except as specificall�provided in Section 1.9.1; .2 Bonuses, profit sharinQ, incentive compensation, and anv other discretionary pavments, paid to an �� hired bv the Contractor or paid to anv Subcontractor or vendor, unless the Owner has provided prior approval; .3 Ex�enses of the Contractor's principal office and offices other than the Project Site office, includin�, but not limited to, the costs ofpersonnel stationed at such offices; .4 Overhead, general conditions, profit and �eneral expenses, except as mav be expresslv included in Section 1.9 above (subiect, however to the Cap on Contractor's Markup); .5 The Contractor's capital expenses, includine interest on the Contractor's capital emploved for the Work; .6 Anv other provision notwithstandin�, costs due to the fault, ne�lisence, or failure to fulfill a specific responsibilitv of the Contract bv, the Contractor, Subcontractors (of anv tierl, or anv other person or entitv emploved bv the Contactar or Subcontractors, or under contract with them or perfornlin� work on the Project on behalf of them or under their supervision, or for whose acts the Contractor or its (lllt. AIA Document A201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ti7e •';-m�rican institute ef A��chitscts:" "AIA,° the �11A, Lo�c. "F�207," and "kiP, Contract Gacu�nents" are 20 registere� tradamarks and n�ay not i.e used witheut per�rission. This document was produced by AIA software at 17:40:18 ET on 09(14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resaie, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Subcontractors mav be liable, includine, but not (imited to, the cos�s of correctin� damaQed, defective or non-conformin� work, disposal and replacement of materials and equipment incorrectiv ordered or s�plied, and makin,�,eood damaee to properiv not formine part of the Work. The Contractor �ecificallv acknowled�es and a�rees that it shall receive no compensation, and the Cost of Work shall not include, anv costs incurred bv the Contractor in repairin� or correctinQ, or supervisine the correction or repair, of defective or non-conformine Work, performed or supplied bv anv Subcontractor, or anv other person or entity emploved bv the Contractor, under contract with the Contractor or performin� Work on the Project on behalf of or under the supervision of the Contractor, re�ardless of whether or not such defective or non-conformine Work resulted from the fault or neelect of the Contractor or the Contractor's personnel and that the Contractor's sole remedy with respect to #he recovery of such costs shall be whatever remedies are contained in the Contractor's subcontract a�reements with its Subcontractors providina Work on the Project; .7 Any cost not specifically and expressly described in Section 1.9 above; and ,8 Costs, other than costs included in Chanse Orders approved bv the Owner, that would cause the Guaranteed Maximum Price to be exceeded. the pavment, the Contractor included the amount to be paid, less such discount, in an Application for Pavment and received pavment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make pavments; otherwise, cash discounts shall accrue to the Contractor, subiect to the Cap on Contractor's Markup. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. & 1.13.2 Amounts that accrue to the Owner in accordance with the�rovisions of Section 1.131 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 2 OWNER § 2.1 General § 2.1,1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Ow�:er" means the Owner or the Owner's authorized representative. § 2.1.1.1 The Contractor acknowledaes that, in addition to the Architect, the Owner mav utilize its own personnei and may retain certain consultants to assist the Owner with respect to various aspects of the Proiect, includine monitorin� of the Contractor's Work. In this reeard, it is expressly understood that such oversieht services (or anv other consultin�, services performed by Owner's other consultantsl shall not relieve, reduce or diminish Contractor's oblieations hereunder, nor in anv wav constitute a waiver or acceptance bv Owner with respect to the same. Any consultants retained bv the Owner are soiely advisors to the Owner and shall not have authoritv to act as a r�resentative or aeent of Owner or to act on behalf of the Owner in connection with the Proiect or the Contract unless specificaiiv so indicated to the Contractor bv the Owner in writin�. The Contractor a�rees to cooperate with, and make the Work accessible for review and observation bv, the Owner's personnei and anv consultants hired bv Owner. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen 1( 51 days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the s�e-Proiect Site, and the Owner's interest therein. § 2.2 �'..:a�� „�'*'�� ,,.��'� �:��:�, ^ ��m��lntentionallv Deleted. § 2.2.1 ' > � . . '� ' . .�. , a-�e�•:"*-��'��-.Intentionallv Deleted. AIA DocumentA201�- 2077. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Ti7e "Anierican ins#€tu:e of Ai�chitects:' "R;A," the AI?. logo. "A20':." and °AIA Contract Cacurnents' are 2,� ; eo;stered trademarks ard mny ro: I�e 4sad wi`:hcut permission. This document was produced by AIA sofiware at 17:40:18 ET on 09H 4/2021 under OrcJer � No.3418314441 which expires on 12/06l2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Co�tract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 2.2.2 ' � , > b b � . � � . S ; b b ' � n • � b � > > ' Intentionally Deleted. § 2.2.3 b ...�, b .Intentionallv Deleted. § 2.2.4 �... „ �� > ,� �� • • , > > , � � � �� > > > , , b' Intentionallv Deleted. � �� § 2.3 Information and Services Required of the Owner § 2.3.1 , > � ••> > , � > ^"��R�� .,:�*:��- �^^:"+:�^.prior to commencement of the Work the Contractor mav request in writin� that the Owner provide reasonab]e evidence that the Owner has made financial arran�ements to fulfill the Owner's obli�ations under the Contract. Thereafter. the Contractor may only request such evidence if: (i) the Owner fails to make pavments to the Contractor as the Contract Documents require; (iil a change in the Work materiallv chan�es the GMP; or (iii) the Contractor identifies in writin� a reasonable concern reeardina the Owner's ability to make pavment when due. The Owner shall furnish such evidence as' a condition precedent to commencement or continuation of the Work or the portion of the Work affected bv a material chan�e. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arran�ements withoutprior notice to the Contractor. § 2.3.2 , . . 5 , • .See Section 4.1. § 2.3.3 .Intentionallv Deleted. § 2.3.4 The Owner shall furnish surveys �esej��and/or site �lans prepared bv Owner's consultant(sl which shall include, buildine location(s), elevation benchmark(s), physicai characteristics, legal limitations and utility locations for the �:+� ��''�� D��:�^* �^a �'�^�' a��^r:^*;�^ ��`"� �:*�. proiect Site, and a le�al descri�tion ofthe Proiect Site that are to be identified in the Contract Documents. The Contractor shall be entitled to reasonablv rely on the accuracy of information furnished by *"� �'•��'��+ �"�" the Owner, as provided in the Contract, but shall perform reasonable due dili�ence and exercise proper precautions relating to the safe perforn�ance of the ��Work and an� verification required bv the Contract Documents, includin,, without limitation Section 3.2.1 below. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable ��ess-�romptness after receipt of a written request from the Contractor to avoid delay in the orderly proeress of Work. The Owner shall also furnish any other information or services under the Owner's control and Init. AIA DocumentA2�1�- 2ot7. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. T!7e':Aniei•ican lnsiitute af Architects° "A'sF," the AiA �ago. "k20"s," an� °AI?. Con.tract Gacuments" are 22 reo;stered t;ademarks and may nat be used wi:hcuf per!rissian. This documentwas produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. All other copies of the Drawin�s and Specifications or other Contract Documents shall be at Contractor's sole cost and expense, which mav be included as a Cost of the Work. § 2.3.7 The Instruments of Service, includine, but not limited to. the Drawines and Specifications for the Proiect, and anv survevs, soils and analyses, environmental testins and other information provided bv the Owner to the Contractor concernine the existin� conditions at the Project Site, will not be, or have not been, performed or developed b�the Owner, but instead bv independent contractors retained bv the Owner. The Contractar may reasonabl�v on such information; however, the Owner does not warrant or euarantee. and shali not be responsible for or liable for, the correctness, accuracv or completeness of anv such information or anv conclusions drawn tlierefrom bv the Contractor. In the event the Contractor asserts a claim based on alleeations that information provided bv the Owner to the Contractor retrardin� existintr conditions at the Project Site are inaccurate, the Contractor's sole and exclusive ri h�ts and remedies aeainst the Owner arisin� out of or relatine to anv incorrect, inaccurate or incomplete drawines and specifications, or other information relatin2 to the Proiect Site, shall be an increase in the GMP, and/or an extension of the Contract Time. to the extent (if anv) permitted by the Contract Documents. However, nothine in the Contract Documents shall be deemed to prohibit Contractor's ri,�hts, if anv, directl�eainst anv of Owner's independent contractors (not includine Owner Representative), arisin� out of any incorrect, inaccurate or incomplete drawin�s, �ecifications or other information prepared bv them. The Owner shall reasonablv cooperate with the Contractor in connection with its prosecution of claims directiv a�ainst Owner's inde�endent contractors (not includine Owner Representativel relatin� to any incorrect, inaccurate or incomplete drawinQs. specifications or other information prepared bv them unless Owner believes such claims lack merit. Anv and ali leeal fees and costs incurred in connection with the prosecution of such ciaims shall be the sole responsibilitv of Contractor. § 2.4 Owner's Right to Stop the Work _._ > , > ; , �� b � °�� .-o-�-y 2 41 If the Contractor fails within fourteen (14) calendar days of notice by Owner to correct Work that is not in accordance with the requirements of the Contract Documents as required bv Section 12.2 or fails to carry out Work in accordance with the Contract Documents, the Owner mav issue a written order to the Contractor to stop ' the Work or an�portion thereof, until the cause for such order has been eliminated: however, the ri�ht ofthe Owner to stop the Work shall not give rise to a dut�on the part of the Owner to exercise this ri�ht for the benefit of the Contractor or anv other person or entitv. § 2.4.2 The Owner, with or without cause, and in its sole and absolute discretion, may order the Contractor at anv time, ' to stop the work u�on written notice, siened bv Owner or bv an aeent specificall ��mpowered bv the Owner, includine the Owner Representative, subiect to the provisions contained in Section 14.3 of these General Conditions. § 2.5 Owner's Right to Carry Out the Work Ifthe Contractor defaults or neglects or fails to continuouslv and dilieentiv carry out the Work in accordance with the Contract "��•�~ ~'� �~a `�:'� . .:+'�:� � '�� a�.. � �a �� t ��Documents, includine. without limitation, the Proiect Schedule and fails within a ten (101-day period after receipt of written notice from the Owner to commence and continue correction of �••�"�anv such default, failure or neglect with diligence and prompmess, the Owner may, without prejudice to other remedies the Owner may have, correct such �e�a��er-n�g-�ee�. e„�" ��':�� "..'"� � , .., > �^'�'. ,*� ��'�,.�� *"� �.,,�� f�*'�� r ^^'�'n aeficiencies (either with the Owner's own forces or by hirine another contractor to perform the Work that the Contractor is failina or nealectin� to carry out1. In such case an appro�riate ChanEe Order shall be issued deductin� from pavments then or thereafter due the Contractor for the cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or ' . failure and for attornevs' Illit. AIA DocumentA201°- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ail rights reserved. T'lc ':%•,C31ci'3C311 `:nstitute af Arcf;itects," "AiA," the Ai?, logo. "A103." and "kIA Car.tract Cacuments" are 23 reg'ssYer�c t;ademarks and ni. y not i1e usad v�iEhcut permissian. This document was produced by AIA software at 17:40:9 8 ET on 09l14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used i� accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) fees. If �avments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ' � , , . . ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.9 The �'��.�:-"Contrnctor" is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of ihe Contract by the Contractor is a representation that the Contractor has visited the si�e; Proiect Site, become generally familiar with locai conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor shall be responsible to examine carefullv ail of the Contract Documents and all reports, investiEations, test data and other documents relatintr to the Work and the Project Site prepared by the Architect, the Owner or bv the Owner's separate consultants. and provided to the Contractor, and will apprise itself with all other conditions relevant to the performance of the Work which are capable of ascertainment throu�h a thorou�h investi�ation of the Proiect Site. The Contractor shall make its own evaluation and analvsis of the information relating to the Project Site and the Work durin� the pre-construction phase and shall clarifv and resolve all questions or uncertainties relatin� to same. § 3.2,2 > , > .... . � . b ) b ' • b � > f > � ' � b � o,.;�;;..,��., .,,,,,..:a°a :., «�.o �,,.,+...,,.+ r,,,,.,,,,,o.,+�.Durin� the construction of the Project, the Contractor shall review and compare the various current Contract Documents and an�changes or addenda thereto relatin� to each distinct aspect of the Work. If from the review and comparison of the Contract Documents issued to the Contractor prior to proceedinQ with the affected Work, Contractor becomes aware of a conflict, inconsistencv or ambi�uitv in the instructions applicable to such Work, the Contractor shall promptly report such inconsistencv, conflict or ambi�uitv to Owner and shall secure written instructions from Owner prior to proceeding with the Work affected by or involvina such inconsistencv conflict or ambieuity. If the Contractor proceeds with such Work without first �ivin� Owner notice thereof and bein� ordered to proceed therewith by Owner, or if, in connection with the construction the Contractor proceeds with Work that it actually knows, or reasonablv should know. contains or involves an inconsistencv, conflict or ambieuitv or that violates an applicable Laws without first �ivin� Owner notice thereof and being ordered to proceed therewith bv Owner, the Contractor (without anv increase in the GMP) shali be responsible to the Owner for anv delav therewith and for all costs, damages or losses suffered bv the Owner as a result of anv Work so performed bv the Contractor. § 3.2.3 Any design errors or omissions noted bv the Contractor durina this review shall be reported promptly to Owner and Architect, but it is reco�nized that the Contractor's review is made in the Contractor's capacitv as a contractor and not as a licensed desien professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with appiicable ��-s�at�es; , , , , Laws, but the Contractor shall AIA DocumentA201°- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. Ail rights reserved. TI7e •'.American €nsi�tute af A��chitacts," "F,3A," the �.lA La�e. "k20i." and "AIP, Gontract Gocuments" are 24 ;egssterzd #;adamarks ard m�y na: oa used w's:hout permission. This document was produced by AIA soflware at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12J06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) i promptly report to the Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect or Owner may require. § 3.2.4 • b . ..r... .". � � . . f b b � ' > > > , , .Bv executin� the Contract, the Contractor represents that it has visited the Project Site, has carefully examined all of the Contract Documents upon which the GMP is based (copies of which shall be provided to Contractor bv Owner prior to the parties execution of `this Contractl, has reviewed all information, data and documents resarding the conditions at the Proiect Site made ' availabie to the Contractor bv the Owner prior to the execution of the Contract, or of which the Contractor otherwise was, or reasonabiv should have been, aware, and has acquainted itself with all other conditions relevant to the Work. Based on the foregoinQ, the Contractor shall not be entitled to any increase in the GMP or to any extension in the dates for Substantial Completion orFinal Completion because of, and assumes full and complete responsibilitv for, all risk `(includine, without limitation, risk of lossl in connection with the Work caused bv, any obstructions, difficulties or conditions at the Pro,�ect Site disciosed by the information made available to the Contractor bv the Owner prior to the execution of the Contract� or of which the Contractor otherwise was. or reasonablv should have been, aware, and/or was discoverable by a reasonabiv nrudent visit to and visual examination of the Proiect Site prior to the execution of the Contract. The'Contractor agrees that, in the event an obstruction, difficultv or condition is encountered at the Project Site, which the'Contractor contends was unforeseen and not reasonabl a�pated (subject to the fore�oina), the Contractor shall promptiv notifv Owner of such condition. and in no event later than three (3) days after its discovery, and thereafter shall meet with Owner and Architect to discuss recommendations and alternatives for respondin� to the condition and minimizine its impact on the GMP and/or dates for Substantial Completion or Final Completion. The Contractor shall perform no Work involvine or affected bv such condition until after noti in� Owner and receivin� s�ecific directions from Owner as to the performance of such Work. The failure of the Contractor to notifv Owner of anv such condition within three (3) days of its discovery as required bv this Section shall constitute a waiver by the Contractor of any claim for an increase in the GMP and/or extension of the dates for Substantial Completion or Final Completion as a result of such condition and shall mean that the Contractor shall perform all Work involvin� or affected b�Lany such condition without any increase in the GMP or extension of the �� dates for Substantial Completion or Final Completion. If an obstruction, difficulty or condition is one which was not disclosed to the Contractor as set forth above, then the Contractor (provided notice has been timelv �iven as required bv this Sectionl shall be entitled. as its sole and complete remedy. to an increase in compensation calculated pursuant to Section i5.i.5 herein, together with an extension of the dates for Substantial Completion or Fina1 Completion measured bv the number of daYs or portions thereof, if an� that the Substantial Completion or Final Completion ofthe Work is actuall�delaved as a direct result ofthe existence ofthe obstruction, difficultv or condition. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and ��rattention in accordance with the Contract Documents. The Contractor shall be solely responsible for, and have control over, , construction means, methods, techniques, sequences, and procedures, and far coordinating all portions of the Work under the �;er�s�Contract, unless the Contract Documents eive other specific instructions concernin� these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof ��a c�and, except as stated below, shall be fullv and solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect, and shall , , , l • D b > > > ? IIOt proceed with that portion of the Work without further written instructions from the Architect and Owner which are acceptable to the Contractor. The Contractor acknowled�es and aerees that neither the Owner or the Architect nor anv consultant hired b�the Owner, are under anv oblieation to inspect the Work or discover defects or deficiencies in the AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tlie':Anieri�an €ns.ituie of A��chitects;° "R;A:" t'�e f�iA Lagc. "A'LO'i." anu "AIA Cantract Gocuments° are 25 re�;ster=d tradsmarks ar:d €nay nof i�e used wiEhcut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12l06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Work. The inspection, observation or acceptance of the Work by the Owner or the Architect or anv consultants retained bv Owner shall not in any wav constitute an acceptance of defective or improper Work (unless specificallv so stated bv Owner in writins) and shall not make the Owner or Architect or such consultants responsible for means, methods, sequences or techniques used to perform the Work, which items shali remain the sole responsibilitv of the Contractor. Similarlv, the failure of the Owner or the Architect or anv such consultants to discover or give notice of anv defects, deficiencies or other problems in the Work shall not constitute a waiver or acceptance thereof and shail not in anv wav affect, or reduce the Contractor's responsibilities to perform the Wark consistent with the terms of the Contract Documents. § 3.3.2 The Contractor shall be responsible to the Owner far acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, under the direction of. ar on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsibie for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 The Contractor shall perform the Work in a skillful and competent manner in accordance with applicable standards ofthe construction industry and the Contract Documents. The Contractor shal] be responsible to the Owner for errors `or omissions in construction and failure to perform this Contract. All Work shall be performed on1�Y ordinances and industry standards applicable to the construction of the Work. § 3.3.5 Be�innin� with the commencement of the Work, the Contractor shall hold weekl�pro�ress meetin�s at the Proiect Site, or at such other time and place as is acceptable to Owner. At such meetines, the pro�ress of the Work shall be reported in detail with reference to the Project Schedule, and all problems or other issues relatin� to the Work shall be discussed and resolved. Each Subcontractor then performin� work on the Proiect shall have a competent representative available upon Owner's request at each weeklv meetin� to report on the condition of his work and to receive information re�ardin� the performance of future work bv the Subcontractor. The Contractor shall provide Owner and Architect with at least three (31 days prior notice of anY meetine held pursuant to this Section and shall allow Owner and the Architect to attend and participate in each such meetine. The Contractor shall keep minutes of each meetine held pursuant to this Section and shall circulate the minutes of each meetine to Owner, Architect and all Subcontractors (and other persons as may be appropriate) no later than five (5) workin� days after the meetin� is concluded. § 3.3.6 Contractor acknowledees and a�rees that the Project is adjacent to occupied sites, includin� the Existine Housin� fas defined in Section 13.22 below) and that, accordin�lv, in connection with performin� the Work, Contractor and the Subcontractors will use onlv those routes prescribed bv Owner for the Work (includina, without limitation, for Contractor's and Subcontractors' trucks and other equipment. their�ersonnel and for access to the Project Site �enera11Y1 and/or as otherwise permitted or required by the Contract Documents, and that Work will be done onlv durin� approved construction hours, which mav be extended b�pproval of Owner. Contractor and the Subcontractors will at all times cause the roads near the Proiect Site to be free of construction dirt, trash, debris, or other materials to the extent the Work causes anv of the foregoin� items to be present on such roads or on the site adiacent to the Project Site. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 . . ... ., The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Ti�e "r^,n�erican lnstitute af A3�chitects:" "A'sA,° fhe AIA Lago. "R20's." and °AIA +Jar.tract Gacurnenfs" are 26 register=c #rademarks ar,d n�ay na: i:� ussd wiihcut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06(2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. Contractor a5rees that it shall com�l,v, in all respects, with all rules, re�ulations and other requirements established bv Owner with respect to the Proiect Site. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Contractor shall not permit smokin� inside anv structures at the Project Site at auv time. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work wiil conform to the requirements of the Contract Documents and will be free from �e€e�� . efects for a period of one (1) vear followin� that date upon which Contractor achieves Substantial Completion of the entire Work. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Wark not executed by the Contractor; improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by #he ^�^��Architect or Owner, the Contractar shall furnish satisfactary evidence as to the kind and ' quality of materials and equipment. § 3.5.2 Al1 ' , , , , ... manufactured articles, materials; and equipment shall be stored, applied, installed, tested, connected, erected, used. cleaned and conditioned by the Contractor as directed b�the manufacturer unless otherwise specified. In addition to the warranties provided for in Section 3.5.1 of these General Conditions, the Contractor represents and warrants to Owner that all Work, materials and equipment furnished under this Contract shall conform to the Contract Documents and will be free from faults and defects in workmanship or materials. All Work not conformine to these standards shall be considered defective. Further, the Contractor aerees that all euarantees or warranties of equipment or ` rnaterials furnished to`the Contractor or Subcontractors b�v manufacturer or supplier shall be deemed to run to the benefit of, and are hereb�ssiened to, the Owner. & 3.5.3 Subsequent to Substantial Compietion of the entire Work or an�pplicable desiQnated portion thereof, and prior to the Owner's initial occupancy and use of the Proiect, the Contractor shall schedule and conduct with the Owner a complete review and operational demonstration of all equipment and mechanical and electrical s st� installed by the Contractor on the Proiect and shall also review the operation and maintenance of such systems with the Owner's maintenance personneL This review and demonstration shall be scheduled and coordinated with the Owner to ooincide with the Owner's first full use of each piece of equipment or each system involved. Prior to this review and demonstration. and until Owner notifies the Contractor otherwise, the Contractor shall be responsible for the maintenance and operation of the systems. and the Owner shail not be deemed to have accepted the Work for the purposes'of the Contractor's warranties and exclusions thereof in Section 3.5.1. Subsequent to this review, the Contractor, at no cost to the Owner, shall promptiv make all adjustments or corrections and shall balance all systems in order to make all equipment and systems perform as required by the Contract Documents. If necessary or requested bv the Owner. the Contractor shall re9uire the Subcontractor, supplier or materialman responsible far anv such equipment or system to participate in the review and/or perform an�quired adiustments, corrections or balancin�. � 3.5.4 All warranties provided in the Contract and all provisions for correction of Work in Article 12 shall include �� Work of Subcontractors. Limitations on warranties (includine, without limitation, as set forth in Section 3.5.1 abovel and limitations on the Contractor's obli�ation to correct Work shall not applv to latent defects in the Work nor to anv �ecific warranties contained in or required bv anv of the Contract Documents. Failure of manufacturers to euarantee products will not relieve the Contractor of its obliQations under this Contract. The Contractor shall not be required to warrant a product that the manufacturer will not warrant due to its application as specified in the Contract Documents. provided the Contractor Qives Owner prompt written notice of such fact upon learnine of the manufacturer's position (in which event the Contractor should not proceed with the application directed bv the Contract Documents until receiving further direction from Owner and Architect). Subcontractors shall warrant their work to the Owner and Contractor. The Contractor shali be responsible for any costs or expenses arisin� in connection with or as a result of anv defective and/or nonconformin� Work. includin� the fees for anv additional professional services of the Architect necessitated therebv. Notwithstandins anvthine to the contrary herein, Contractor shall have no liabilitv for the failure of anv product or equipment specified bv the Owner unless such failure is the result of the Contractor's defective and/or non-conforming Work. AIA DocumentA201°- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Irtit. American Institute of Architects. All rights reserved. Ti7e "F,mericar. institute ef �lrchitacts:° "A;A," the AiA Logc, "k201." and "kiA Cantract Cocuments" are 27 reo'ssterec': t;ademarks ar:d may naE be usad wiEhout permissian. This document was produced by AIA software at 17:40:18 ET o� 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resaie, is iicensed for o�e-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-maii copyright@aia.org. User Notes: (1261389367) & 3.5.5 The warranties provided in Section 3.5 of these General Conditions are not limited bv the provisions of Section 12.2.2 of these General Conditions. In addition, ali warranties provided in Section 3.5.1 of these Generai Conditions or elsewhere in the Contract Documents shall survive anv termination of this Contract bv the Owner with or without cause. § 3.5.6 In addition to all of Contractor's warranties and oblieations to correct defective Work provided bv law or as set forth in anv of the Contract Documents, the Contractor aQrees, upon notice from the Owner, to pav for and, if requested, correct. repair, restore and cure an�maee or injurv, whenever the same shall occur. resultine from anv defects errors, omissions or failure in workmanship or material, and to defend, indemnifv and hold the Owner Indemnitees harmless of, from and a�ainst anv and all claims, losses, costs, damaees and expenses suffered bv the Owner as a Yesult of such damaee or injurv. whenever such damage or injury shall occur. This defense. indemnification and hold harmless obliEation shall survive acceptance of the Work and completion or termination. with or without cause of the Contract. & 3.5.7 The commencernent in terms of the euarantees and warranties required bv the Contract Documents shall not, in anv manner, be affected bv anv delav in the commencement, progress or completion of the Work, reeardless of the cause therefor. & 3.5.8 Notwithstandin� anvthin� to the contrary contained herein with respect to warranties, it is understood and aareed that foreeoin� warranties shall not affect limit or impair the Owner's ri�hts against the Contractor with regard to7atent defects in the Work which do not appear within the agpiicable warrantv �eriod and which could not, bv the exercise of reasonable care and due dilieence, be ascertained or discovered bv the Owner within such warrantv period. The Contractor shall promptiv correct and cure anv such latent defects which are reported to the Contractor bv the � Owner in writin�. �� § 3.5.9 Contractor asrees that all warranties hereunder shall be deemed to run to the benefit of, and may be assianed to, the successors in interest to Owner and/or any tenant of Owner. § 3.6 Taxes The Contractor and each Subcontractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into e€€es�effect and shall pay all taxes measured by the waees of its employees and anv business privile�e taxes. Notwithstandin� the fore�oing, it is acknowled�ed and a�reed that the parties intend for the transactions � conietnplated bv this �Contract (includins, without limitation. all transactions wherebv anv Work is provided b,y Subcontractors in connection herewith) to be exempt from the obiieation to pay such sales, consumer, use and similar taxes, and, in recoenition of such exemptions, the parties a�ree that Contractor shall not char�e Owner anv such taxes for anv otherwise taxable items that Contractor or any Subcontractor provides directiv or indirectiv to Owner. In the event Contractor receives notice that anv �overnin� authoritv challen�es or questions the tax exempt status of the transactions undertaken pursuant to the Contract, Contractor shall immediatelv notifv Owner and further agrees to cooperate with Owner as it mav reasonabl�quest from time to time in order to protect and preserve the tax exempt status of the transactions that are the sub,�ct of this Contract; provided, however, to the extent the eovernine authoritv and Owner determine such tax exempt status does not apply to the Work, in whole or in part, upon written request of Owner, Contractor shall pav such taxes and, except to the extent such taxes arise from Contractor's or anv of its Subcontractors fault or breach of contract, Owner shail, subject to the GNIP, reimburse Contractor for the cost of such taxes. The Contractor shall defend, indemnifv and hold the Owner Indemnitees harmless (includin�, but not limited to. the �avment of attornevs' fees), from all such taxes that are not paid by Contractor. This indemnification, hold harmless and defense obli�ation shall survive acceptance of the Work and completion or termination, with or without cause of the Contract, § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 > > > b a � �* f�-� t:-�-�� :ac � ��,�a � �-^':^*:^�^ ^^'..a�a,The Contractor shall pay for, and secure, all required buildine. o� remediation, demolition. excavation, �radin�, and other applicable permits and/or licenses (whether federal, state, local or otherwise) required in connection with the performance of the Work, includine appl�,s, securine and pavin� Init. AIA DocumentA201�- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ti7e "American instit�te of A�nhESECts:" "�1a," the �.iA Loga. "A�Oi." a�u °AIA Car.tract Cocurnents" are 28 �ec'ssterec trader �arks and n�ay not ce used vdi:hout permissian. This document was produced by AIA software at 17:40:18 ET on 09l14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use oNy, and may only be used in accorda�ce with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) far all required aovernmental inspections, testin�, approvals required with respect to such permits and licenses and anv other �overnmental fees and licenses; provided, however, Owner shall secure the off-site permit and all buildin.� ep rmits• '§ 3.7.1.1 In addition and subject to its oblieations under Section 3.7.1 above, unless otherwise aereed b�he parties in writin , Contractor shall obtain and �av for all state and local use fees and permits. all utility connection and tap fees, traffic control, mechanical, plumbins, electrical, sprinkler, erosion control and all other fees, licenses and inspections necessary for the proper execution and completion of the Work. & 3.7.1.2 The Contractor shall be responsibie to prepare the Proiect Site and coordinate with all utilities, public and private, as thou�h such utilities were a Subcontractor of Contractor, for installation of utilities and related services at the' Project Site in accordance with the Contract Documents (inciudine. without limitation. the Drawines and Specificationsl. Owner's design team and other Owner's Consultants shail commence initial communications with such applicable'utilities.' Contractor shall provide to Owner copies of anv and all correspondence to or from the utilities. In addition within thiriv (301 days of commencement of construction on the Project, the Contractor shall provide Owner written notice'of anv fees, deposits or letters of credit which the Owner is required to pa�posit with a ntilitv in connection with the provision of services to the Project Site. § 3.7.2 The Contractor shall comply with and give notices required by applicable'�••��, �*�*��*��, �~a�~�~�� a��, ' ' ' ' ' .Laws, includin�, , � withoutlimitation, ]awful orders of public authorities and public and private utilities. § 3.7.3 Ifthe Contractor performs Work knowing it to be contrary to applicable �^��^ ^*�*.,+�� ~a:~�~�� ^^�'�^ ~„'�^ , , > �a � rt.,��*'^�^ �,�.��'"' ��a�� ,.w':^ ^..*"^�:*:�� Laws, inciudint, without Iimitation, lawful orders of up blic �b � authorities and public and private utilities, the Contractor shali assume appropriate responsibility for such Work and shail bear the costs attributable to �correction; provided, however, it is reco�nized that Contractor's review of the Contract Documents is made in Contractor's capacitv as a contractor and not as a licensed desien professional, nnless otherwise cequired in the Contract, includin�, without limitation, Articles 1 and 3 of these Genera] Conditions. § 3.7.4 Concealed or Unknown Conditions Ifthe Contractor encounters conditions at the s�Project Site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents and which were not, and could not have been discovered followine the examination and review set forth in Section 3.2 or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than -�4 three (3) calendar days after first observance of the se�t�e�s. '�tti�--�c-#�iies� ��'-�;-��13��iga�e� � ' , onditions Owner in consultation with Architect shall determine whether an increase in the �x� v •n ,a .ti..f •,.,wie Contractor's cost or time required for, perfonnance of any part of the -r�vi��'ixx—rccvirrcrrcmrcnac a�. cq�,a'icavxc > > 5 ' -�Work is warranted and shall within a reasonable amount of time issue a CCD to address these issues. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Ee�ae� ,�-GMP and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. AIA DocumentA201m- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. T�7e "F.m�rican €ns.ituie of Architects,° "A;A,° the AIA �oge, "k20i." an� "AIA Cantract Gacume�tfs" are 29 register�c': tradsmarks and n2�y nof ile usad v✓dfhcut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 3.8 Allowances § 3.8.1 The Contractor shall include in the'"��MP all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the s�e �� Project Site and all required taxes, less applicable trade discounts; � .2 Contractor's costs for unloading and handling at the s�te; Project Site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the r'^��GMP but not in the allowances; and .3 whenever costs are more than or less than allowances, the r'��MP shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (i ) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. ( § 3.8.3 Materials and equipment under an aliowance shall be selected by the Owner with reasonable ��ess: promptness so as not to dela�the pro�ress of the Work. § 3.9 Superintendent § 3.9.9 The Contractor shall . rior to the start of construction and sub'ect to the � approval and a�reement of Owner, desi�nate one (1) individual to serve as its "Proiect Sunerintendent.° The Proiect Superintendent so'desisnated shall be princi�allv responsible for coordinatine the Work on the Project and shali be present on the Project Site as appropriate durin,�each dav when the Work is bein�performed in order to ensure the timelv and proper performance of such Work. If the Proiect Superintendent is not phvsicallv present on the Proiect Site for anv extended period, he shall be available bv telephone and pa�in� device to respond to emersencies. problems and questions as thev arise The Project Superintendent shall communicate with the Contractor, Owner the Architect and all other persons involved with the Project as necessary to accomplish the timelv and proper completion of all Work on the Proiect. The Proiect Superintendent shall represent the Contractor, and communications given to the �•�^�,�;=�Project Superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writins. Other communications shall be similarly confinned on written request in each case. § 3.9.2 . , > �� ,,,a ,.�,.,n ,. „�,:«,.+o .,,,*;�o ��,,,, ,. ��.�o ..�;o..+;��,Intentionally Deleted. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the , ...�:�'� �"�„ ��* .,�.r��'�'•,'��.":+'�"�'a �� a�'�"�a project Superintendent without the Owner's consent, and no new person may be designated as Project Superintendent without the prior a�proval and a�reement of Owner except in the event that the person designated as Project Superintendent is no loneer employed bv Contractor, in which event the new person desisnated as the replacement Pro,ject Superintendent shali be subject to Owner's approval. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, ' ' , , , � ; :��o :�*o-.,�i^ ^ �oa w,� *wo ^^^a:*;^^� ^�*ho taz^rU �^a D��:e^*.within seven (7) days of the first scheduied draw. shall prepare and submit for Owner's and Architect's information and approval, a Contractor's construction schedule for the Work (the "Project ScJtedt�le"). An initial Project Schedule is attached to the A�reement as Exhibit E. The Project Schedule shall not exceed the time limits set forth in the Contract Documents, shall be revised at Iltit. AIA DocumentA201�- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Tl7e "American insiituEe af A��cFitects;° "AIA," the AiA loge. "kGCi." and "kiA Contract Documents" are 30 reaisterzc t;adamarks ar�d ni�p nai i;e used :vi=.hout permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under ONer � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, a�d may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (126 � 389367) a�propriate intervals as required bv the conditions of the Work and Project, includine, without limitation, in connection with an�separate contractors pursuant to Section 6.1,3 below, shall be related to the entire Proiect to the extent recluired bv the Contract Documents and shall provide for expeditious and practicable execution of the Work as reauired to complete the Work within the Contract Time and as otherwise required bv the Contract Documents. $ 3.10.1.1 The Contractor shall, on each business dav, prepare a dailv force and activitv report on a form approved bv Owner which Contractor shall make available for Owner's review, copvine and inspection at all reasonable times. § 3.10.2 The''��r��, � �+," �� "�:��- ��ra��'''�� '^�+�^^+ �ontractor shall prepare and submit a submittal schedule for the Architect's and Owner's approval, promptly after execution of the Contract, and thereafter as necessary to maintain a current submittal ' . ' . schedule. The submittal schedule shall (1) be coordinated with the r`��*��*�-'� ��„�*:�� '��.,'�, proiect Schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in �'��the GMP ar extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the ^��^* ��^��* ^^'��'„'�� ,."�:'*�a +� +'�� n...�� -' "��'�:*��'.proiect Schedule and as reqnired to complete the Work within the Contract Time and as required by the Contract Documents.` The Project Schedule shall be maintained and updated monthlv (or more frequentl� Owner determines that it is necessary) in such form (e.g., bar chart, CPM) and shall contain such information as Owner and Architect request. Tn addition, if requested bv Owner or Architect, the Contractor shall provide such additional information (such as dailv force and activitv reports, material purchase and delivery status reports and reports of proaress a�ainst schedule milestonesl as Owner or Architect deem necessary to monitor the status of the Work and respond to an�vs thereto. § 3.11 Documents and Samples at the Proiect Site The Contractor shail m�,�� :'�"'� �++�� Dr�:�^* ^:*� *"� �'^„*�^^* T'^^.,~~�~'� :^'.,a:~; maintain at the Project Site for Owner, one (1) copv of the Drawings, Specifications, Addenda. Change Orders, Construction Change Directives, and other �Modifications, � in good order and marked currently to indicate field changes and selections made during construction, and one (1) copv of the approved Shop Drawings, Product Data, Sampies, and similar required submittals. These shall be �� '�^*�^�:^ �� ^� �^�� ^^^,., available to the Architect and �-�d-shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. In addition, Contractor shall deiiver all submittals to Owner electronically. At the conclusion of the Work on the ProLct. these marked drawings shall be given to the Architect and may be used bv the Architect in connection with Architect's review and approval ofthe as-built drawines, delivered by Contractor showine all construction work performed on the Project as set in place durin� construction and revised to show the foretroine information and all chan�es made durin� construction from the ori�inal drawings. The Contractor sha11 be responsible and liable to the Owner for accuratelv and completelv recordin� all the information required bv this section on the marked set of drawin�s and shali, at no cost to the Owner, review the as-built drawings with the Architect to verifv that this information has been accuratelv incorporated in the as-built drawin.�s. § 3.12 Shop Drawings, Product Data and Samples § 3.'12.1 �e�-B�a�-"Shop Drawin�s" are drawings, diagrams, schedules, and other data specialiy prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 D��a••��'Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 �les—"Samples" are physical examples that illustrate materials, equipment, or �ve�l� workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, �a�es; Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require AIA Document A201�- 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. T4ie `:Aniericar. €ns:tttlES Of ACChItEC#s;" "A3A," ihe �ilA �ogo. "k2L�':." and "k(A Car.tract Gxu�nents" are 31 registerec! #rademarKs and nl�y noi i�e used :vi=.hcut per!nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/202� under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) submittals. Review by the Architect is subject to the limitations of ��*�'�� ^.-'�—.',: Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, with a copy to Owner, Shop Drawings, Product Data, Sampies, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect and Owner or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or . f separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved bv the Contractor mav be returned bv the Architect without action. The Architect shall have no oblieation to review anv submittal from the Contractor unless the actions required bv this Section 3.12.5 and Section 3.12.6 have been taken and the submittals have been reviewed and marked bv the Contractor to indicate field conditions. proposed deviations from the Contract Documents and anv other matters affectin� desian intent. The Contractor shall be responsible to the Owner for all costs and delays caused by the Contractor's failure to comply with the provisions of this Section 3.12.5 and of Section 3.12.6 below. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials,� field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, untii the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittais except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation in writine at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order ar Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or simiiar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples; or similar submittals, Yo revisions other than those reGuested by the Architect on previous submittais. In the absence of such written notice; the Architect's approval of a resubmission shail not apply to such revisions. § 3.12.10 ��Except as set forth in Section 1.1.3.2, the Contractor shall not be required to provide professional services that constitute the practice of architecture ar engineering unless such services are specifically required by the Contract Documents for a portion ofthe Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable Iaw. § 3.12.10.1 fio the extent the Work requires that professional services are to be provided, Contractor represents that it or its Subcontractors can provide such services in conformance with applicable Laws. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify a11 performance and design criteria that such services must satisfy. The Contractor shall be entitled to reasonablv rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by � �roperlv licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittais related to the Work, designed or certified by such professional, if prepared by others, sha11 bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy and completeness of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American I�stitute of Architects. All rights reserved. Ti7e "Aniericzn instituie of A3�chitects;"'A;A," the AIA Logc. "A�09," an� "kIA Contract Cocuments' are 32 reeisterzd #rader?marKs and map no€ be used v�sEhout permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires o� 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Architect have specified to the Contractor tke-all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will ��,-review, approve or take other appropriate action on submittals oniy for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall provide temporary weather tieht enclosures for all exterior openines as soon as walls and roof are built and to the extent necessary to protect the Work from weather conditions and to allow the Work to be performed within the Contract Time and the Substantial Completion Dates for the Work or anv a�plicabie designated portion thereof, or Final Completion. § 3.12.10.2 '� �5 � > *:m� �ra :� *�� m � �;��a'�"+'�� n�^":��^* Intentionaliy Deleted. §-3�3-11se--e€-�e , , > > .,,t�e.- �l,e ..;*o . ,:+1, .,,..re«;..i.. „ .,♦ � § 3.13 Use of the Proiect Site § 3.13.1 The Contractor shall confine operations at the Proiect Site to areas permitted bv applicable Laws and the Contract Documents and shall not unreasonablv encumber the Project Site with materials or equipment. § 3.13.2 The Contractor shall be solely responsible for all material or equipment stored bv it or bv anv Subcontractors on the Project Site. Beeinnine with the commencement of construction and continuine throu�h Final Completion of the Project, the Contractar shali be responsible for the security of the Proiect Site, includine all tools. materials, eyuipment and completed Work on the Proiect Site. The Contractor, without anv increase in the GMP, shall take such actions as may be necessary to maintain such securitv, includin�, but not limited to the erection of temporary securitv fencin� around the Project Site. The Contractor shall properlYsafeeuard and store anv combustible material necessary to the Work so as to protecf aeainst the possibilitv of fire or other damase. The Contractor shall be solelv responsible for all damage, cost or expense caused bv the use or stara�e of combustible materials at the Proiect Site, except and onlv to the extent that such dama�es, costs or expenses are actuall�paid bv appiicabie insurance. The Contractor shall provide temporary weather tieht enclosures for all exterior openings, as soon as walls and roof are built and to the extent necessary to nrotect the Work from weather conditions and to ailow the Work to be performed within the Contract Time and required dates for Substantial Completion of the entire Work or anv applicable desi�nated portion �thereof, or Final Com�letion. � � � � � � § 3.14 Cutting and Patching § 3.14.1 The Contractor shali be responsible for cutting, fitting, e�and patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, e�and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work ar fuliy or partially completed construction of the Owner or separate contractars by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of . �'��* �'�^" r^* '�� •�� '�'�� •��'�"�'a. such separate contractor. The Contractor shall not unreasonably withhold, from the Owner or a , separate contractor, the Contractor's consent to cutting or otherwise altering the Work. § 3.15 Cieaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. �For the Work to be considered Substantiallv Complete, the Project Site must be left "broom clean," and all the Proiect interiors must be thorou�hiy cleaned and vacuumed, all boxes crates etc. shall be hauled off of and away from the Project Site at the Contractor's expense, the Contractor shall thorouehlv wash and clean all alass, replace broken elass, clean hardware, remove paint stains. spots, smears, marks and dirt from all surfaces, clean fixtures, wash tile floor and all exposed concrete and vacuum all carpeted areas so as to present clean work to the Owner for acceptance. Prior to completion of the Work, the Contractor shall remove all waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials €�e�r AIA Document A201�- 2017. Copyright � 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. 7�7e "P.nierican ins:itute of Aa�chitects:" "AIA," fhe AIA �oge. "A�Q1." a�tcs "AIA Cantract Cocuments" are 33 registered irdemarks and may na: be used withaut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright vioiations, e-mail copyright@aia.org. User Notes: (1261389367) �„a �"^^* *'�� D��:��+,related to Contractor's Work from and about the Project Site. In addition, Contractor shall at all times keep the Proiect Site and adiacent ri�hts of wav ciean and free of debris or biowin� trash, cut and trim all �rass and weeds, remove ice and snow as necessary to maintain a neat, clean and safe Project Site and adiacent ri�hts of way. To the extent the Specifications require more strineent requirements with reQard to cleanin�, the Specifications shall control. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so ��a ��-�a�- �"�„'�� +:+'�a +^ ��:�'^„��m ��+ ��m after twentv-four (24) hours prior notice to the Contractor (and without re�ard to the time for notice set forth in Section 2.5 of these General Conditions) and the cost thereof shall be char�ed to the Contractor. § 3.16 Access to Work The Contractor shall provide the n.,�^�r ��' ^��":*�� .,,:+'� nwner, Owner's Representative, Owner's consultants, Owner's lenders and Architect access to the Work in preparation and progress wherever located. The Contractor shall make personal safetv equipment available to anv such persons accessine the Proiect Site. All such persons shall strictiv abide b,y all safeiv requirements of Contractor. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall "^'a *'�� '�^^�r �^a ^�^"��^* "��m'�^^ aefend, indemnifv and hold harmless the Owner Indemnitees, including, but not limited to, �avment of attornevs' fees from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect However, if the Contractor has reason to believe that the required desi�n, process or product is an infringement of a copyright or , rn��'� '-�^�•�� , *'�� r'^^*r�^*��, atp ent' the Contractor shall be responsible for tke—such loss unless t-l�such information is promptly furnished to the ^�^��Architect and Owner. This defense, indemnification and hold harmless obliQation shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. § 3.'18 T�a�m��^^*�^^INDEMNIFICATION § 3.18.1 To the fuliest extent permitted by law, �"� ''��'-�� "�„ �a�m�:�, ^a '�^'a �,.,,.,,,�a�� *k�n�o"��,�„ � , ' , ontractor shall defend, indemnifv and hold harmless Owner. Owner's Representative, the Owner's lenders, investors and morteaQees, Wincopin Circle LLLP, a Marvland limited liabilitv limited partnership, the City of Fort Worth (the °Citv"), HiJD, Fort Worth Housin� Solutions ("FWHS"), McCormack Baron Salazar, Inc., McCarmack Baron ManaQement, Inc., the Owner's consultants the Architect, the Architect's consultants, and their respective general and limited partners, members, officers, directors, shareholders and affiliated companies. (includin� parent and subsidiary companies), aeents, emplovees, representatives, successors and assigns (collectively "Owner Indemnitees"), from and against claims, damages, losses, and expenses, ��includine, but not limited te-t1attorneys' fees, alleeedl�arising out of or resulting from , � , , , , > > e�}-the performance of the Work to the extent caused by the negiigent acts or e��i�s�ie�s-omissions, breaches of contract (includin�, without limitation. breaches of warranty), intentional misconduct, or statutory violations (includin�, but not limited to, claims based upon improper emplovment practicesl of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be'��"'�, ��b��a,�� .,,"�*"�r ^� , > > • , �5 �� ..liable. The Contractor a�rees to defend and save the Owner Indemnitees harmiess from and a�ainst all lawsuits, demands. claims or actions asserted aeainst the Owner Indemnitees, or anv of them, to the extent thev involve or assert ciaims, matters or alleeations that, if successful, would require the Contractor or anv applicable �olicv of insurance to indemnifv the Owner Indemnitees. or anv of them. This defense. indemniftcation, and hold harmless oblieation shali survive acceptance of the Work and completion or termination, with or without cause of the Contract. § 3.18.2 In claims against any person or entity indemnifed under this ��^��Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. AII rights reserved. Ti7e "^�.merican €nsii4ute ef A��chitects:" "F�It�,° the falA. Logo. "k20 ;," anu "G.1'� Cantract Gacumenf�" are 34 re�isterec irademarks ar:d ntay not Le usad without permiss;on. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12/O6/2021, is not for resaie, is licensed for one-time use oniy, and may oniy be used in accordance with the AIA Co�tract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) liable, the indemnification obligation under °��—Section 3.18.1 shall not be limited by a limitation on amount or type of damages, c�e��ompensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit ast�acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1,1 --. ..- }we n��.,,o�F Owner shall retain an architect lawfullv licensed to practice architecture or an entity lawfullY practicina architecture in the iurisdiction where the Project is located. That person or entity is identified as the Architect in the A�reement and is referred to throu�hout the Contract Documents as if sin�ular in number. The tenn "Arel:itect" means fhe Architect or the Architect's authorized representative. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be rest�icted; modified, ar extended without written consent of the n.,,�� `'��+��*�� a n..,.,.:+.,,.+ �,..,,,.,.,t �w„n .,,.+ �.e , .,,..�.: ..,;.wweu nwner. § 4.1.3 If the emplovment of the Architect is tenninated, the Owner shall emplov a new Architect or desi�nate such other individual or entitv, includin� the Owner or its or their personnel, whose status under the Contract Documents shal] be that of the former Architect. Owner aQrees that it shall at all times have an architect retained and available to assist with interpretation of the Contract Documents and to make desi�n decisions and to determine the date(sl of completion. If the Architect is terminafed, it shall be replaced with another licensed architect. § 4.2 Administration of the Contract § 4.2,1 The Architect will provide administration of the Contract as described in the Contract Documents and will be ,.,, n.,:.,e..�.. ,.o.,,:o.:o„«.,+;..e a representative of Owner during construction until the date the Architect issues the final Certificate �^��-for Pavment and with Owner's direction, from time to time durin� the later of the one (1) vear period after the date of Final Completion of the Work or by the terms of anv other applicable warrantv from time to time durina the one� �year period for correction of the Wark described in Article 12. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the s�Proiect Site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract ��TDocuments and to make such other assessments as Owner ma�request. However, the Architect will not be reGuired to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect wiil not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, �because these are solely the Contractor's rights and responsibilities under the Contract �Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the �e-Project Site visits, the Architect will keep the Owner reasonably informed about the progress and quaiity of the portion of the Work completed, and �i-}�-report to the wner: 1 deviations from the Contract�T`��•�-��+� ''"'�� Documents; (21 deviations from the most recent e��r ��a,.�� ,."m:'*�a ".. +'�� r'^^+�^^*^r proiect Schedule; and (3) defects and deficiencies observed in the Work. The Architect will not be responsibie for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications b ' Throughout the Proiect Owner (at its discretion) shall have the rieht to communicate directiv with the Contractor, without involvine the Architect, provided however that all communications involvinQ desi�n issues shall include the Architect (bv direct participation or copyl. In all events, all written communications between the Architect and the Contractor shall be �rovided contemporaneouslv to the Owner. Communications by and with the Architect's AIA DocumentA201�- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. Ali rights reserved. T!5c �:AC31Ei'iC2Y'. iYlSiitU:B 6f A3'CI?Et8C�5;° "A;h,° ths AIA Logo. "k20"." and °AIA Cantract Dacuments' are 35 ;egisterec tradamarks ar:d m-y nof oe used wi:hout permisslan. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. UserNotes: (1261389367) consultants shall be through the Architect. Communications by and with Subcontractors and suppliers sha(1 be through the Contractor. Communications by and with c��^r^*� �'^^*�^^*^r� separate contractors shall be through the Owner. TL,o (''nn+r..n4 Tl......w.e..4n .v� n:{'i. ..fi.�,.- .. ..nt:.�.� v..-�.4..n.�1� § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the an�ounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect and Owner each has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect �witl� Owner's written consent) or Owner will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not i#�e-such Work is fabricated, installed or completed. However, neither this authority of the Architect or Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Owner to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Wark. The Contractor is responsible to coordinate schedulins of close-up inspections with the Architect and for the correction of all nonconfonnine and/or defective Work provided or performed bv Contractor or anv of the Subcontractors under the Contract all in accordance with the applicabie provisions of the Contract Documents. § 4.2.7 The Archit�ct will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The ArchitecYs action will be taken in accordance with �e-Contractor's submittal schedule reasonablv approved by the Architect or, in the absence of an approved submittal scheduie, with reasonable promptness but in no event later than ten (10) workine da sy after Architect receives such submittai (subject to Section 15.1.6.3 below) and, in anv case, such actions shall be taken within the time periods required under the Contract Documents while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of otlier details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 33, 3.5, and 3.12. The Architect's review shall not constitute approval of safety ��s�s-precautions, uniess otherwise specifically stated bv the Architect, or of any construction means, methods, techniques, sequences, orprocedures. The Architect's approval of a specific item shall not indicate approval or acceptance of an assembly of which the item is a component. § 4.2.8 �#e-If requested bv Owner, the Architect will prepare Change Orders and Construction Change Directives, and may e�de�-authorize n3inor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect and Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of �r��Final Completion. The Architect wiil issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a finai Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the ��. Two n.,,�o� �w�" ^^+:�: +wo''^^+"'^+�" �� "''^^^o :" +"o � Project Site. The duties, responsibilities and limitations of authority ofthe Project ��s-representatives shall be as set forth in the A�reement between the Owner and Architect. § 4.2.11 � > , ' b � .U�on written consent of the Owner, claims disputes and other matters in question between the Contractor and the Owner relatin� to the execution of the Work or the interpretation of the Contract Documents may be referred initiallv to the Architect for decision. Disputes re�ardin� the Architect's decisions on matters rendered pursuant to this Section shall be subiect to further resolution as set forth in Article I S of these General Conditions and the Contract Documents. AIA DocumentA201�- 2017. Copyrightm 19�1, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Iitit. American Institute of Architects. All rights reserved. T!7� •`An7erican €nstitutQ of A��chitects," "A's.�," the A;A. Logo. "k209," an�' "kiA S;ontraat Cacuments" are 36 ,egisYerzc trademarks aru niay na: be usad .vsEhcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 4.2.12 Interpretations and decisions of the Architect will be consistent with the ^�'��* �f ^�a ��^^^�^"'., :^� r^'^'� �^m��Contract Documents and will be in writing or in tl�e form of drawings. Wlien making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The ' ' b ��a :� *'�� '^^*�^^«'`^^„��^*�.Architect shali be the representative ofthe Owner and shall have authoritv to act on behalf of the Owner onlv to the eatent specificallv so provided in this Contract. The Architect shall not be a eeneral aeent of the Owner and shall have no authority to act on behalf of the Owner. except as provided in this Contract or otherwise a�reed in writing bv the Owner. Specificallv, the Architect has no authoritv to increase the GMP, extend the Contract Time or chanee the scope of the Work (except and only for minor chanses pursuant to Section 7.4). Such actions can onlv be directed bv Owner in a Chanee Order or CCD. § 4.2.14 The Architect wiil review and respond to requests for information about the Contract Documents. The Architect's response'to such requests will be made in writing within any time limits agreed upon ^� �+'��m,,:�� .,,:'" ��^'^'� �r^m^*^�cc. in the approved submittal schedule in accordance with Section 4.2.� above or otherwise with reasonable promptness subject to Section 4.2.7 above. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 " ��•'��^�*r^^*^r �� "Subcontractor" or "subcorrtractor" shall mean anv person or entity who has a�� contract with the Contractor to perform a portion of the Work �� ie si� .�'"� �� °c.."^^�'�^^*^r° �including materialmen and suppliersl and all other persons or entities who provide materials, labor or services to or for the Project throu�h or under the supervision of Contractor or its Subcontractors. The term °Subcontractor" or "Sub-subcontractor° is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or the subcontractars of a .separate contractor. § 5.1.2 A e„'^ �„'��*��^'^� :� �� ^� ��:+.� "Sub-subcor�tractor° is a person or entitY (whether such person or entitv is a sub-subcontractor, materialman or supplier) who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the s�e-Proiect Site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2�7 �r.,,,,,..: ,.+�,e...,.:�e �«.,*oa :., .�,o �,,.,*...,,.t T,,.,..,.,,�.,+.. tti� r,,.,t....,..,,,. �ontractor sha11, as soon as practicabie after award of the Contract, �'��" ��':�. *"� n.,.�� a n��'�:��^* ^�+"� furnish in writin� to Owner the names of persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a specia] design. " ��"�� ''' a�•°� �� :�' �� «�,e :.,f ..,,,.,«:,,,, *�,a n,-,.�,;*o,.t ,,, „�t;fir_ t�,a �-,,.,+.:.,,.+,,,..,.wo+�o.-+�,e n.,;,,o.. ,,.. *�,e n..,.�.:«o,,. r, � The Owner mav re�ly within fourteen (14) days to the Contractor in writins statin� (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that Owner requires additional time for review. Failure of *"� ^��":*��++� ��..;ao �^*;^e �,�;*";^ *�,a , n a.,u nN,ner to repl within the fourteen (14) -dayperiod shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another Subcontractor to whom the Owner ^��has no ��^^^��^"'� ^,bjection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the MP and Contract Time shall be �^^��^�a ^r a�^��' adjusted by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the r'^^*r��* c..� ��'�'MP or extension of the Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. AIA DocumentA201°- 2077. Copyright OO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. AII rights reserved. TfSe "A.n�erir�ar. institu:e cf Ai�chitects:" "F,iA," the A!A �og�. "A2L�':." anu °kIA Gor.tract Dacuments" are 37 �egisterzci trademarks ard niay na`: be usaci :st� haut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order 1 No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity €e�-e�e-previously selected if the Owner. Owner or Architect makes reasonable objection to such substitution. § 5.2.5 Owner mav designate specific persons from whom. or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from all Subcontractors necessary for compietion of the Work, includina, without limitation, suppliers of materials or equipment fabricated especially for the Work, and shall deliver such bids to the Architect and Owner. The Contractor shall then determine with the advice of the Architect which bids will be accepted. subject to Owner's riehts under the Contract. inciudine, without limitation, this Section 5.2. The Contractor shall not be required to contract with anvone whom tlie Contractor has reasonable objection. § 5.2,6 When a specific bidder (i) is recommended to Owner bv the Contractor; (ii) is qualified to perform that portion of the Work: and (iii) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but Owner requires that another bid be accepted, then the Contractor ma�quire that a Chanae Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entitv recommended to Owner b,�the Contractor and the amount of the subcontract or other aereement siened with the person or entitv desi na� ted bv Owner. § 5.2.7 Subcontracts or other aereements shall conform to the applicable payment provisions of this Contract, and shall not beawarded on the basis of cost plus a fee without the prior written consent of Owner. If the Subcontract is awarded on a cost-plus a fee basis.'the Contractor shall �rovide in the subcontract for the Owner to receive the same audit riehts with resard to'the Subcontractor as the Owner receives with re�ard to the Contractor. § 5.3 Subcontractual Relations By appropriate , aareement, written where leeall�quired for validitv, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor ali the obligations and responsibilities, �^^��includin�, but not limited to, the responsibility for safety of the Subcontractor's Work *"�* *"� r'^�*�^�*^� ��and the responsibility to strictiv adhere to the Proiect Schedule), which the Contractor, bv the Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shail preserve and protect the rights of the Owner and ArchitecY under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof wiil not prejudice such rights, and shali allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. "'�� ^��r^��;^*� +"� The Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractars. The Contractor shall make available to each proposed Subcontractor, prior to the execution ofthe subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents a�ailable to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 � .� � �„�.,.:.,.,+,.,,,.+,,..,..,,, �,..,« ................a > ' b b > > b ��r•�r � b ^"':�-�«:��^ .,��'�� *'�� ^.,w^^^*r^^',In the event this Contract is terminated bv the Owner for anv ofthe reasons set forth in Section 14.2.1 or 14.4.1, the Owner shall have the rieht (without anv responsibility so to do) to assume the ri�hts and res�onsibilities of the Contractor under ali or some subcontracts, materials or rental a�reements, and/or am other commitments which the Owner in its sole discretion, chooses to assume. While this provision shall constitute a present assienment of Contractor's ri�hts with respect to anv and all such subcontracts, a�reements and commitments which Owner so chooses to assume, the Contractor, upon request from the Owner, shall promptiv execute and deliver to the Owner written assi�nments of such subcontracts, a�reements and commitments which the Owner in its sole Init. AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Titie �:An�ericzn :nstituie cf Architacts,"'A3A,° the AiA La�cs. "k2L�1." and "AIA Cor.tract Cacuments" are 38 reoistereci i;adsmarks and may nof i.e used without permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resaie, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) discretion so chooses to take bv assi�nment. Additionally all such subcontracts, aereements and other commitments with Subcontractors shall provide for this assianment. § 5.4.2 , ' � > ' ' b .No provision of this Contract nor of any Contract between the Contractor and Subcontractor of anv tier, shall be construed as an aereement between the Owner and Subcontractor. No Subcontractor of any tier shall have the benefits of anv riehts, remedies or redress a�ainst the Owner pursuant to the Contract Documents. The Contractor, as between Owner and Contractor, shall be fuli �} responsible to the Owner for the acts and omissions of a Subcontractor at anv tier or the emplovees of anv of them. § 5.4.3 'D . , �� , > � � �•��Intentionailv Deleted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.9 The " " �b��-�-��•-'�. '''"� Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and ' ;� � � c•��to award separate contracts in connection with other portions of the Proiect or other construction or �erations on the Project Site. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the s�i��Project Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shal] provide for coordination of the activities of the Owner's own forces and of each �e�a+�te r'��separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with ther separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to �*� ��+�.,�*:^� ^^"�a,,,� a��m�'' r ��" � "* "�`.;�.., � • > C��^«e �^^*�^^*^��, the Project Schedule directed after such ioint review. The Proiect Schedule, as so revised (and a�proved by Owner), shall then constitute the Project Schedule to be used bv the Contractor and the Owner until subsequently revised. The parties a�ree, however, that such revisions shall not cause the Contract Time to be extended, except and solelv to the eatent allowed bv, and pursuan� to, the applicabie provisions of the Contract Documents. § 6.1.4 , > b � b> , , , , , _.Intentionally Deleted. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and c�„�r�+�'"��+��'��^ ��^�^^�"'� separate contractors reasonable and equal opportunity for introduction and storage of their materiais and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a , se�arate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly r�ort to Owner and the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for ••f�� a r��'*� ��'*'�� r'��*�^^`^r'" ""^"v �';'„"� ^f }''� such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner's or AIA Document A201m- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tiie "P,n7erican instituie cf Aanhitects,° "A'sA," the AfA Logo. "k20i." and "AIP. Contract CacuFnenfs' are 39 reg;ster�c� iradsmarks ar:� n�ay nai h= ussd withcut per�nissian. This document was produced by AIA software at 17:40:18 ET on 09l14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resaie, is licensed for one-time use only, and may only be used in accorda�ce with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) c��*� r'^n*�^^*^r'� separate contractor's completed or partially compieted construction is fit and proper to receive the Contractor's Work. ..,,+:,,„:. �.., +wo r,....,o.. ,,.. c o,,,,...,«o r-�,.,,*,..,,.,,,.. *w.,, .,,.e ,,,,+., a�+_To the extent there is an actual and demonstrable delay in the critical path of Contractor's Work that is (il caused bv discrepancies or defects in the work of Owner's or s_eparate contractor's completed work. (ii) Contractor could not have reasonabiy prevented, miti�ated. or avoided the delav bv re-schedulin�, re-sequencin� or otherwise, (iii) is not the fault of Contractor or anv Subcontractor and (iv) otherwise constitutes an Excused Delay, such a delay shall constitute an "Owner Delay." Notwithstandin� the foreQoin�. an Owner Delav shall not be deemed to have occurred unless Contractor has notifed Owner in writin� of such occurrence of an Owner Delay in accordance with Section 15.1.3.1 below. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a�' ��*� �'^�*�^^*�� senarate contractor because of the Contractor's delays, improperiy timed activities ^- a�f ^*:^� ^^�c*�^^�:�„ T"� > ' , r defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfWly causes to completed or partially completed construction or to, property of the Owner or ��'� �'��*��^'^r ^c ^�^�.;a�a ;^ c�^*;^^ 1°.' s_;eparate contractor as provided in Section 10.2.5. Should the Contractor damaee the work or propertv of another separate contractor, the Contractor shall. upon due notice, prom�tiv attempt to settle with such other contractor. If such other contractor initiates a claim bv suit or otherwise against the Owner on account of damaee alleeed to have been caused bv the Contractor, the Owner shall notifv the Contractor, who shall defend such proceeding at Contractor's expense, and if any,judgment or award a�ainst the Owner arises from damaee caused by the Contractor or anvone for whom Contractor is responsible, the Contractor shall �av or satisfv it, and shall reimburse the Owner for all attornevs' fees and other costs incurred in connection with such claim or suit. I § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, , separate contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and �a�i�k; rubbish in accordance with Section 3.15 of these General Conditions. the Owner may clean up andthe ^�^"��'*�^*-^wner will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, onlv by the prior written consent of Owner pursuant to a valid Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. The Contractor shall not be authorized to change the scope of the Work in a manner that will result in an increase in the GMP or extension of the Contract Time for aileeed extra work, overtime, or chan�es in the Work of any kind unless such work is a�proved. in writin�, bv Owner prior to the commencement of such work. The Architect shall not be deemed an aeent of the Owner for these purposes. § 7.1.2 A Change Order shall be based upon a written agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires ��rwritten issuance by the Owner ��a��-and may or may not be agreed to by the Contractor. ^ � ��a�� r � �"��b� :� +�� "'��,, m , �� : �a �<, ,,,o n ,.,.�,:+o,.+ ..i,..,e § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract n^^„m��*� T"o �„„ ............ :.�,.,ii .. eo,a .. ..*�.. .,.:,�, ,.�,,,,,,.o.. ;,, �tio �x�,,,.v Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. In the event Owner or Contractor requests a chan�e in the Work, the Contractor shall promptiv submit to the Owner an itemized breakdown of quantities and prices with respect to work included in the chan�e. and as otherwise provided by Section 7.3.7.1 below, to be used bv the Owner in checkine the value of such wark. AIA DocumentA201m- 2a17. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. Ail rights reserved. Ti7e "American Enstita:e of A��cFEtacts," "RiA;° the AiA Loga "k2L�i," and °AIA (:on4ract Gxuments' are 40 registerzd tradsmarks and n�ay na: ha used �i:hcut permissian. This docume�t was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is �ot for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 7.2 Change Orders § 7.2.1 A r''��~�°Change Order° is a written instrument prepared by the Architect and signed by the Owner, �'��Contractor and Architect stating their agreement upon ail of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the r^�+��^* c„m; r=MP: and .3 The extent of the adjustment, if any, in the Contract Time. & 7.2.2 Anv adjustment to the GMP resultins from a chanee in the Work performed pursuant to a valid Chanee Order or CCD shall be determined in accordance with one or more of the methods listed in Section 7.3.3 or pursuant to the provisions of Section 7.3.7.1 below. § 7.2.3 The Contractor a�rees that the amount to be paid to the Contractor as set forth in a Chan�e Order, and the amount to be paid to the Contractor,pursuant to the provisions of Section 7.3.7.1 (whether the Chan�e Order arises � from or as the result of the CCD, a Ciaim or anv other reason entitlin� the Contractor to such pavment pursuant to the provisions of this Contract), shall constitute fuil compensation to the Contractor for all work required in connection with the Chanee Order, CCD, or Claim and full compensation for all acceleration, delav, loss of efficiencv, inconvenience, increased supervision or other claims, costs, expenses or damaQes which have been, or mav be, incurred by the Contractor as a result of the issuance or occurrence of the Chan�e Order, CCD and/or the performance of the Work required or other costs incurred in connection with the Chanee Order, CCD or Claim. & 7.2.4 The Contractor shall permit. and sha(I require all Subcontractors to permit. the Owner to inspect, copv and audit its books with respect to all time and materials work or work performed pursuant to Section 73.7.1 or reimbursed on the basis of the Cost of the Work, or other cost-reimbursable basis. In this re�ard, the Contractor shall produce and shall require Subcontractors to produce, such data as the Owner mav request for the purpose of determinine the correcmess and allowabilitv of the costs of ali or an�part of such work. The Contractor shall keep, and shaii require all Subcontractors to keep such full and detailed accounts as may be necessary to reflect its operations with respect to such costs and extras, and the system adopted shall be such as is satisfactory to Owner. The Contractor acknowled�es and aerees that information obtained by the Owner �ursuant to anv such audit ma�be �iven to the Owner's lender{s) HUD, and other entities providina fundin� to the Project in order to obtain and justi such fundin�. ��.2.5 In connection with each Chan�e Order, Contractor shall submit to Architect and Owner, a concise summary of the Chan�e in Work contempiated therebv, to�ther with an accountins showin� in detail the chan�es in the Cost of the Work as a result thereo£ § 7.3 Construction Change Directives § 7.3.1 A n�::�*_�^^*�� r'_".^�o� T'�r�^�� "Constructiort ChanQe Directive" or °CCD" is a written order ��+�� },,� n��":*o^� ^^a signed by the Owner ^�a��irecting a change in the Work prior to agreement on adjustment, if any, in the `'�~�GMP or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Wark within the general scope of the Contract consisting of additions, deletions, or other revisions, the''��*��* c,.-� r'MP and Contract Time being adjusted ��as set forth in the Contract Documents. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the r'^�*�^^+ c,..., +wo .,a:.,�+�.,o.,+ ..�,.,i� �,o h�^�-' �^ �� '+"� f"^.�,:^� m��'�^a^:GMI', or the Contractor is entitled to anv adiustment in the GMP resultin� from a chan�e in the Work performed pursuant to a Chan�e Order the adjustment shall be determined in accordance with one or more of the followin� methods: �� ^'��^*�^�;Lump Sum Proposal: Upon Owner's request, the Contractor will, with reasonable promptness after such request. transmit to Owner a lump sum proposal detailine the pr000sed adiustments to the GMP in connection with anv chan�;e in the Wark requested bv Owner. The proposal shall be itemized and seereQated bv labor and material (includins consumables such as utilities and (lllt. AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Ti7e •`Aniericzr. [nstituie �f A��chitects:" "A'=.A," the AiA Loga. "k20 ;." and "AIA. Cantract CocuFnents" are 41 register2d t;adsmarks and niap naE ce used wi:hcut perinissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12l06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) items required to be furnished pursuant to union contracts) for the various components of the chan¢es in the Work and no ag„ere�ate fieures for labor or material wili be accepted. The Contractor shall furnish. with Contractor's lump sum proposal, supportin� data consistine of Subcontractor, Sub-subcontractor and vendor executed proposals. Onlv Iabor, materials, utiiities. supervision and s�plies directiv attributable to the change in the Work shall be included in the proposal. .2 Unit � �*�*�a *'�� '��*� ^* '`� ~'� ,'��' ^*�� b� "� ri;Price: Upon Owner's request the Contractor will with reasonabie promptness after such request, transmit to Owner a unit price proposal detailin� the proposed adjustments to the GMP in connection with anv chan�e in the Work requested b,y Owner. The unit price proposal sha11 include the written proposal of Subcontractors itemizin� the quantities of each item of Work for which there is an applicable unit price contained in the Contract Documents, and subiect to the Cap on Contractor's Markup, ali such unit prices include all markups of any kind by Contractor and its Subcontractors, includin�, without limitation, profit, overhead, eeneral requirements, eeneral conditions and insurance costs related thereto, and neither Contractor nor anv Subcontractor shall be entitled to an� markup in addition to the foreeoine. The quantities must be itemized in reiation to each specific item of the chanQe in the Work. The unit prices will be applied to net increase in quantities ofthe same item. The unit prices will also be applied to net decreases in c�uantities of the same item; provided, however, Subcontractors shall be entitled to reasonable administrative expenses (including anv restockin� char�es which may be pavable bv such Subcontractors to suppliers) in processine any such deductions from the Work to the extent that the net decrease in quantities of the same item exceeds fifteen percent (15%1 of the ori�inal quantitv of such item. .3 b ��^�^^� ��• ^rTime and Material: Owner will consider a time and material basis proposal for � , chan�es in the Work onl�f the Contractor provides Owner with a maximum price for the performance of such Work includin� a reasonable fee (not exceedine the percentages in Section �.3.7.1 below) for �eneral conditions. overhead and profit. The Contractor will submit to Owner dailv time and material tickets for all chanees in the Work, includine chan�es in the Work performed by Subcontractors. These tickets will include the identification number assiened to the Work. the location and description of the Work the classification of labor emplo�ed includin� applicable trade Subcontractor, workers' names and social securitv numbers the materials used, the equipment rented (not small tools) and anv other information requested bv Owner. .4 .�. .Fees (overhead and proft) and proiect s�ecific �eneral conditions on adiustments to the GMP provided bv Sections (.1), or (.3) of this Section '7.33 shall be subiect to the Cap on the Contractor's Markup and limited as follows: (i) for the Contractor, whether for Work bv Contractor's own forces or subcontracted, tl�e rate a�plicable to Contractor's markup for overhead and profit set forth in the schedule of values attached to the A�reement as Exhibit A-l; and; (ii) for Subcontractors inciudine the fees or Iower tier Subcontractors, and whether by their own forces or bv others ten percent (10%1 in totaL Neither the Contractor nar anv Subcontractor shali be entitled to anv fees for overhead, profit and project specific general conditions on adjustments to the GNII' made under clause (.21 of this Section 7.33 except to the extent set forth in clause (.2) of this Section 73.3. § Z3.4 If , b b > > > b > > ' � � � v . . . � > b b b ' • � b > > > > > > 5 > �a. � • > > �vi +�vsnG2�- • > J > > J v.+�n4r..a +.. 41.c. i.t.nr�..+. ....1: b > Iltit. AIA DocumentA201°- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Tie "f-.nierican =nstituie ef t�rchitects,"':Air�,° fhe ,`v;A. Loga. °A2Qi." an� °kiA Car.tract Cacume;�ts" are 42 registered t�ademarks anc n�ay nat ae ussd wi=.hout pe��nission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) . .unit prices are stated in the Contract Documents or subsequentiv a�reed upon, and if quantities ori,�nailv contempiated are materiallv chan�ed in a proposed Chanee Order or Construction Chan�e Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequitv to the Owner or Contractor, the applicable unit prices shall be equitablv adiusted. I § 7.3.5 ' � ' ' , ��a�� . ,:*'� � �,:��",� � ��' ^ �*:�'� ' �.Intentionallv Deleted. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the cliange in the Wark involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the r'�~*~�� c...~� �~'-'MP or the Contract Time. �§ 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in ''�~�the GMP and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7.1 Except as otherwise provided in the Aereement, if Owner directs, or if the Contractor notifies Owner and Architect that it disa�rees with the method for adjustment in the GMP, the method of adjustment shall be determined on the basis of the reasonable, actual and verifiable Cost of the Work attributable to the Chan�e Order, plus a reasonable allowance for overhead and profit not exceedine the markup set forth in Section 7.3.3.4 and subiect to the Cap on the Contractor's Markup. The Contractor shall keep and present, in such fonn as the Architect ar Owner mav prescribe (and as otherwise required in the Contract Documents) an itemized and full accountin� totrether with supportin� data. Costs for the purposes of this Section 7.3.7.1 shall be limited to the followine: .1 Costs of labor, including social securi , old a�e and unemploXment insurance, frinee benefits required � a2reement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, includin� cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools. whether rented from the Contractor or others: .4 Costs ofpremiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Wark; and .5 Additional costs of supervision and office personnel directiv attributable to the chanse. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the r'^^+~��* c.,~~ ^"^" "� ^^*,.�' ~�� * �� ^^~�~~~�a'^"'"� n~^";*�^� GMP shall be the estimated cost as confirmed bv the Architect consistent with the cost of such item as set forth in the Contract Documents, plus a credit for overhead and profit at the rates set forth in Section 7.3.3.4 and 73J above. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net ��ease� increase or decrease, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs related to the CCD and certify for payment the amount that the Architect deterrnines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of ses�-such costs shall adjust the r'^��;MP on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance � � with Article I5. � § 7.3,10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the MP and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. AIA DocumentA201�- 2017. Copyright OO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tii�'::-.n�erican insi=tuie of Architects° "F�;A," t�e laiA �ogo. "A"LO?." an� °kIA Var.tract Cacume^is" are 43 register�c t;ademarks ar:d n��y nat be used .v;thout permissian. This document was produced by AIA software at 17:40:18 ET on 09/14l2021 under Order � No.3418314441 which expires on 12/06/2021, is �ot for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 7,4 Minor Changes in the Work The Architect �y-has authorit�order minor changes in the Work *'��* �-� �^��:^+��*.�.:'" �'�� :�*��+ ��+'�� '��'r��' T�^^,.m��*^ ��a a^ ^^* :�'�.� ��a:,.�'m��* :,*"� �'^^*�^^* c^m not involving an adiustment in the GMP or an extension of the Contract ' . ' , '' b. , ' D • b b r'��Time and not inconsistent with the intent of the Contract Documents. Such chanees wiil be effected bv written order si,�ed by the Architect and shall be bindin� on the Owner and Contractor. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, r'��the °Contract Time" is the period of time, including authorized adjustments, aliotted in the Contract Documents for . omnletion of the Work in each respect required bv the Contract. § 8.1.2 The "date o,�commencement" of the Work is the date established in Article 3. Section A, of the A�reement; provided however, at the Owner's option, the Owner may elect to establish the date of commencement of the Work pursuant to a notice to proceed issued bv the Owner ("NTP") which shall postpone the commencement of the Work bevond the date set forth in Article 3, Section A of the Aereement. If so, Owner shall issue an NTP postponin� the date of commencement ofthe Work ��''�� a�+� ��+�",:�'��a :~ *"� n�-~��~~�~t until all such work is complete. If Owner issues an NTP, the Owner shall provide the Contractor notice of its eiection to utilize an NTP prior to the date set forth in'Article 3. Section A ofthe A�reement. In such event, the Completion Date(s) established in this Article 8 shall be extended day for day for each da ��beyond the date set forth in Article 3. Section A of the Agreement that the NTP is actuallv issued. The Contractor shall not be entitled to anv additional compensation or anv increase in the Guaranteed Maximum Price because of a delav in the issuance of the NTP unless the NTP is issued more than ninety (90) calendar days after the date established in Article 3, Section A of the Aareement, and then onlv to the extent of the actual and substantiated increase in the actual Cost of the Work caused bv such delav and provided the Contractor meets the other requirements of the Contract with reeard to notice of such claim. & 8.1.2.1 Contractor acknowledees and a�rees that timei�pletion of the Work is of the essence in this Contract. Specificallv, Contractor acknowled�es that Owner will incur substantial dama�es if the required dates for Substantial Completion and Final Completion as set forth herein are not met. Amone other thin�s. Contractor acknowled�es that, in such event, Owner fal will incur additional financing costs, includin�, without limitation, certain specific costs with respect to the financin� assistance �rovided to the Project bv HUD and for which certain, specific, partial liauidated damaees must be imposed pursuant to HiJD re�ulations and applicable law, (bl will suffer a reduction of Owner's equity in the Proiect, (c) may be required to �a,Y additional amounts to the Architect, other consultants and Owner's own personnel for assistance on the'Project, and (d) will suffer actual economic loss in the form of lost revenue, additional insurance, reduced equitv and operations costs that will not be recoverable from the Project's income. In addition Contractor acknowled�es that Owner's damages will be particularlv substantial if the entire Work is not Substantiallv Co�lete on or before the certain,�ecific calendar dates (as set forth herein), because in such event Owner mav lose certain tax credits and other financing incentives that are essential to Owner's fundin.� of the Proiect. With respect to the tax credits that Owner intends to use to finance the Proiect, Contractor acknowled�es that if such tax credits are not allocated or awarded in the full amounts requested bv Owner, then Owner's equitv in the Project wil] be reduced. In addition, Contractor acknowledees that such tax credits will be allocated and awarded (bv the a�plicable tax credit authorities) and that the failure of Contractor to achieve Substantial Compietion of the entire Work on or before the Substantial Completion Date (as defined belowl therefor can and mav affect the tax credits allocated and awarded to the Project. With full knowled�e of the fore�oin�, Contractor a�rees that it wi1L• (il achieve Substantial Compietion of the entire Work on or before the date that is five hundred forty-two (542) calendar days after ihe date of commencement of the Work (the "Substant�al Completion Dafe"l; and (ii) achieve Pinal Completion of the entire Work on or before the date that is sixtv (60) calendar days after the Substantial Completion Date (the "�inal Comnletion Date"). § 8.1.3 . .Based on the acknowledQments and a�reements set forth in Section 8.1.2 above, and because the exact amount of Owner's damaees in the event the Work is not completed within the times required bv this Contract cannot be readilv AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. The':�nie��ic2r. institute cf Architects:" "A?A," fhe AIP. Loga. "k"LOi." and °AIA Cantract Cacurnents' are � register�c i;adsmarks ar,d rrE�y nat 1,� ussd .vi:hout permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is lice�sed for o�e-time use only, and may oniy be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) ascertained as of the date of this Contract, and because both Owner and Contractor desire certainty with respect to their ri�hts and oblieations in the event the Work is not completed by the completion dates established herein, the parties �� aQree that if Contractor fails to achieve Substantial Con�pletion of the entire Wark and/or Fina] Completion of the Work bv the applicable completion dates established in Section 8.1.2.1 above, except and oniv to the extent that such failure is due to an Excused Delav as defined herein, then Contractor shali be liable for and shall pav Owner, and Owner mav deduct from anv and all pavments due to Contractor, as a�reed and liquidated dama�es, the followina: (A) If Contractor fails to achieve Substantial Completion of the entire Work on or before the Substantial Completion Date set forth in Section 8 1 2 1 above Contractor shall pav Owner the liquidated dama�es specified in Article 3. Para�raph E of the Asreement as compensation for HUD-related costs and damaees onlv. Contractor acknowled�es and a�rees that the provisions of Article 3, Paragraqh E in the A�reement (and, accordinsl .Y this Section 8.L3(A) relate only to the HUD-related costs and dama�es and do not limit or affect in anv wav the other damaees recoverable bv Owner pursuant to Sections 81.381 or 8.13(C) below. -AND- �Bl If Contractor fails to achieve Substantial Completion of the entire Work by the Substantial Completion Date as set forth in Section 8.1.2.1 above, Contractor shal] pav Owner the followinQ amounts, as aareed and liquidated dama�es (and not as a_penaltyl which shall be cumulative and have been based on a reasonable approximation of Owner's dama�es in the`event of such a failure by Contractor: (1) One Thousand Five Hundred and No/100 Dollars � ($1 500.00)�per�calendar�daY that the entire Work is not Substantiallv Complete, beeinnin� with the Substantial Compietion Date and oontinuina throueh the date that is forty-five (45) calendar days followin� the Substantial , Completion Date or the date upon which Contractor achieves Substantial Completion of the entire Work (whichever occurs firstl sub'ec� t only to Excused Delays (2) Two Thousand Five Hundred and No/100 Doilars ($2,500.00) per caiendar dav that the entire Work is not Substantiallv Complete, be�inning witli the date that is fortv-six (46) calendar days after the Substantial Completion Date and continuin� throu�h the date that is seventv-five (751 calendar days followin� the Substantial Completion Date or the date upon which Contractor achieves Substantial Com�letion of the entire Work (whichever occurs first), subiect only to Excused Delays; (3) Four Thousand and No/100 Dollars ($4 000.00) per calendar daY that the entire Work is not Substantiallv Complete, beeinnin� with the date that is seventv-six (76) calendar days after the Substantial Completion Date and continuin� throu�h the date upon which Contractor achieves Substantial Completion of the entire Work, subject onlv to Excused Delays; -AND- �C) � If Contractor fails to achieve Final Completion of the entire Work on or before Final Completion Date. then Contractor shall pav Owner (in addition to anv amounts for which Contractor is liable pursuant to Sections 8.1.3(A) and 8.13(B) abovel: One Thousand and 00/100 Dollars ($L000.001 for each calendar day that Finai Completion ofthe Work is not achieved bv the Final Completion Date, beeinnin� with the Final Completion Date and continuin� throueh the date that Final Completion of the Work is achieved excludin� delays attributable to Excused Delays. Owner a�rees that Contractor's liability to Owner for dama�es pursuant to Article 3, Para�raph E of the Aereement and this Section 8.1.3 shall have no limit. Contractor acknowled�es that dama�es imposed pursuant to Article 3, Para�raph E of the A�reement cannot be limited under applicable HiJD reeulations. NotwithstandinE anvthin� to the contrary the HCTD liquidated dama�es referenced in Section 8.1.3(A) above and set forth in Article 3, Paraeraph E in the Agreement shall not applv to Final Completion. �� e€�� § 8.1.4 With respect to the liquidated dama�es set forth in Section 8.1.3(A) above, Contractor acknowledees that the liauidated dama�e amounts set forth therein are a separate, maximum liquidated dama�e for HUD-related costs and dama�es only The amount set forth in Section 8.1.3(A1 above is based on the I-It1D requirements for liquidated dama�es as set forth in HUD Handbook 4430.1, of not less than one cent per thousand dollars for every one-quarter �ercent of the HCTD �uaranteed loan interest rate, �lus an estimated amount for Owner's, Architect's and Owner's consultants' costs for extended administration of the Proiect. Contractor and Owner aeree, however, that, as set forth in Article 3 Para�raph E of the Aereement, when Owner files Owner's cross-certification with the Lender and HUD, the actual cost of interest, taxes, insurance and mort�aee insurance premium, as approved bv the Lender and HUD, for AIA Document A201�- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (11it. American institute of Architects. All rights reserved. Ti7e "American. •.nstituie af Architects:° "AiA," fhe AIA Log�. "k2L�1." and "AIA �vontract Cacumenfs° are 45 ;egistered tradamarks and may nat i:e usad w's:heut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Orcler � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-maii copyright@aia.org. User Notes: (1261389367) the period from the Substantial Completion Date for the entire Work throush the date when the entire Work is in fact Substantiallv Completed, shall be determined. This actual cost shall be reduced by an amount equal to the Proiect's net operatine income (as determined bv the Lender and HUD) for the period upon which the aforementioned actual costs were determined. If this remainder, after increasin� such difference for the actual cost to Owner for the extended administration of the Contract (includine the costs and expenses of the Architect and Owner's personnel) is less than the ]iquidated damaee amount set forth in Section 8.13(A1 above, it shall be substituted for the fore�oing liquidated dama�e. If this remainder (as so adiusted) is ereater than the fore�oing liquidated dama�e. then the foreeoine liauidated damase shall applv. Contractor acknowledses and aerees that the provls�ons and Irmrtat�ons m th�s Sect�on 8.1.4 relate only to tl�e liguidated damase amounts set forth in Section 8.1.3(Al above and do not appiy to or affect in anv wav the liquidated dama�es amounts set forth elsewhere in the Contract Documents. § 8.1.5 Contractor acknowled�es that it has reviewed evidence demonstratin� the nature and extent of the dama�es ��Owner is likely to incur in the event the entire Work is not completed within the applicable times required b�� Contract and, based on the foreQoins acknowled�es and a�rees that the damaee amounts set forth in Section 8.1.3 above are based upon a reasonable ap�roximation of Owner's damases in such event and constitute asreed and liauidated dama�es, and are not a penaltv. Contractor understands and acknowiedaes that the liquidated dama�es set �forth in Sections 8.1:3(Al. 8. L3(B), and 8.1.3(C) above will be assessed on a cumulative basis. Owner a�rees thatthe ` dama�es recoverable pursuant to Section 8.1.3 above shall be the onlv damaees recoverable bv Owner as a result of Contractor's failure to achieve Substantial Completion of the entire Work and/or Final Completion of the Work and/or failure to have the Work placed in service (as determined b t�pplicable tax credit authorities) bv the required times established herein, and that Owner shall not be entitled to recover anv other damaees as a result of such occurrences, includinQ, but not limited to, lost rental expenses, loss of use dama�es, lost income or profit, loss of manaeement or emplovee productivity increased financin� costs or loss or dama�e to Owner's future business or reputation resultin� therefrom. Contractor agrees, however, that this Section 8.1.5 shall not be read to limit in anv fashion Owner's abilitv to recover dama�es that are caused b�y other act, omission. breach or ne�li�ence of Contractor other than Gontractor's failureto achieve Substantial Completion ofthe entire Work and/orFinal Completion ofthe Work and/or failure to have the Work placed in service (as determined b t�pplicable tax credit authorities) bv the times required bv this Contract.�� & 8.1.6 The term "dav" as used in the Contract Documents shali mean calendar day unless otherwise specificallv defined. S 8,1.7 The ferni "Complet�on Date(s)" or °completioh date(s)" shall mean the Substantial Completion Date and Fina] Completion Date as defined Section 8.1.21 above and anv other milestone dates for completion, and as mav defined in the Contract Documents. § 8.2 Progress and Completion § 8.2.1 Time7imits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Coirtractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, se�e�e *'�� prematurely commence operations on the Project Site or eisewhere prior to the effective date of insurance required � Article 11 to be furnished by the Contractor and 9��wner, or commence operations on the Proiect Site prior to the date of Commencement of the Work as set forth in the A�reement. The date of commencement of the Work shall not be chan�ed bv the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shali achieve Substantial Completion ��^*��^ *'�� '^�*�^^* T�-^�.^f the entire Work, and anv applicable desisnated portion thereof, and Final Completion witl�in the Contract Time as required bv these General Conditions. § 8.3 Delays and Extensions of Time § 8.3.1 b > > > b � > > > > � . . ..�� > > > Init. AIA DocumentA201�- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Ti7� ".Anierican instituie ef A�-chitects;" "F�iA,° the AiA Loqo. °k2Q":." a�u� "kIA, t;ontract Gacu�nents" are 46 ; eg;stered t;adamarks artd n��y r�at be used wi€hout per3nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12(06/2021, is not for resaie, is licensed for one-time use oniy, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) ( �� a��.�See Section 15.1.6 below. § 8.3,2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. I § 8.3.3 ' .� 5 r^�+-^^* T'^^,.m �+�,Intentionallv Deleted. ARTICLE 9 PAYMENTS AND COMP(.ETION § 9:1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract n��Documents, subiect to the GMP. § 9.1.2 b ' .�. , .The Contractor specificallv acknowled�es and a�rees that it shall receive no compensation, and the Cost of the Work shall not include, anv costs incurred bv the Contractor in repairine or correcting, or supervisine the repair or correction of defective or non-conformin� Work Qerformed or supplied b�}_anv Subcontractor material supplier or anv other person or entitv employed bv the Contractor under contract with the Contractor or performing Work on the Project on behalf of or under the supervision of the Contractor re�ardless of whether or not such defective or non-conformin� Work resulted from the fault or ne�lect of the Contractor or the Contractor's personnel and that the Contractor's sole remedv with respect to the recovery of such costs shall be whatever remedies are contained in the Contractor's subcontract a�reements with its Subcontractors suppliers and othe�ersons or entities providin� Wark on the Project. § 9.2 Schedule of Values , A COpY of the schedule of values allocatin� the entire GMP to the various portions of the "�'^�,. �'"� ��'��a.,'� ^�.,�,,.�� "�„ , . �,,,a.,,, .,ro.::. ;,�,:,,,.,;,a +.. �.. +�,o n..,.�,:�e,.. ��,.,�i �.o Work is attached to the Agreement as Exhibit A-1. This > > schedule of values shall be used as a basis for reviewing the Contractor's Applications for D��,mo�+ n^�, ^"^^�o� +^ � , , , �„w�e^„e�+ "� ';��+'��^ � r �^..-�er* pavment provided, however, the parties acknowled�e that certain line item costs oontained in the scheduie of values attached as Exhibit A-1 mav include the costs for Work provided bv more than one Subcontractor. ' § 9.3 Applications for Payment § 9.3,1 At least �e�-five 5 days before the date established for , submission of Contractor's Application for Pa,yment Contractor shall submit to Architect and Owner a"pencil copv" of its Application for Pavment for Architect and Owner's review and comment. On the same dav of each month, which dav shall be estabiished bv Owner in its discretion, the Contractor shall submit to the Architect and Owner an itemized Application for Payment prepared in accordance with the schedule of vaiues, if required under Section 92, for completed portions of the Work. �ie-Such application shall be notarized, if required, and supported by a�-such data substantiating the Contractor's right to payment �as the Owner or Architect mav require, such as copies of requisitions, and ""� , '�' shali reflect retaina�e as provided for in the Contract Documents. § 9.3.1,1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that ha�e been properly authorized by Construction Change Directives, or by interim detern�inations of the Architect, but not yet included in Change Orders. § 9.3.1.2 > *"� r'��*��*�� ;�*��ac *^ ^^� :With respect to all Work performed, retainaQe of ten percent (10%1 shall be held and AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. America� institute of Architects. All rights reserved. Ti7e �:%-,nierirzn !nsUIUiC' Of A3'CI;ES8Cts;° "AiA," the AiA Log�. "A2C i." and "AIA Gontract Gacurnents" are 47 registerec t;adamarks and ni;y not ce used wifhout permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) I shall be reduced and/or released solely in accordance with Texas law. No portion of the retaina�e shail in anv event be released prior to the date of Substantial Completion of the entire Work. Final release of retaina�e shal] not be made until the time ali punch list items have been completed and/or corrected and other conditions to Final Pavment, includin�Fina1 Completion, as set forth in the Contract Documents have been met. S 9.3.1,3 The Contractor herebv asrees and is required to make �avment, no later than seven (7) days after the receipt of �avment from the Owner, to each Subcontractor of all amounts identified in each Appiication for Pavment as intended for said Subcontractor. If Contractor does not intend to �av a Subcontractor for Work performed by such entitv for the Project, Contractor shall so notify Owner in writins and explain the reason for the Contractor's decision not to make such eavment. Owner shall thereafter withhold from Contractor the amounts so noted unti] Contractor represents that such pavment will be made to the applicable Subcontractor, materialman or supplier. Contractor shall defend indemnifv and hold harmiess the Owner Indemnitees from and against any costs, dama�es or expenses (includin� without limitation, attornevs' fees) incurred by Owner as a result of claims made by anv Subcontractor who has performed Work for the Project but who Contractor decides not to pav for such Work. Each Application for Pavment shal] demonstrate that cash disbursements alreadY made bv the Contractor on account of the Cost of the Wark equal or exceed: (1) progress pavments alreadv received bv the Contractor and/or certified for pavment bv Owner in accordance with the Contract; less (2) that portion of those �a,vments attributable to the Contractor's Fee: plus (3) the Cost of the Work for the period covered bv the present Application for Pavment. In addition, each Application for P�ment submitted bv the Contractor shall be accompanied bv the followine items: (i) Subcontractor backup documentation the followine forms of which are acceptable: AIA Document G702 and G'703 or copies of receipted invoices or invoices with check vouchers attached for any and all materials purchased far the Proiect; (iil a conditional�artial waiver of iien bv the Contractor coverin2 the entire amount of the pavment requested bv the relevant Application for Payment, in the applicable form attached to the A�reement as Exhibit F; (iii) conditionat partial waivers of lien bv each Subcontractor covering the entire amount of the pavment requested bv Contractor on behalf of each Subcontractor in the relevant Application for Pavment, in the applicable form to the A�reement as `Exhibit F: (ivl an uncondirional waiver of lien bv Contractor equal to the amount of all pavments made bv the Owner to the Contractor in all precedine A�plications for Payment, in the applicable form attached to the A�reement as ` Exhibit F; fv) unconditional partial waivers of lien bv each Subcontractor which partial waivers of lien shall be equal to the amount of all �avments made bv the Owner to the Contractor on behalf of such Subcontractor in all precedin� Ap�lications for Pavment, in the applicabie form attached to the Agreement as Exhibit F; (vi) a pavee Iist for the current Application for Pavment; (vii) a Section 3 compliance report; (viii) a MBE/WBE compliance report and certified pavroll report; fix) copies of all certified pa roy ll reports produced since the previous Ap�lication for Pavment (xl a Proiect Schedule update: (xi) a Chanee Order io�, includin� approved Chan�e Orders on AIA G701 form (if applicablel: (xii) a request for any new Chanee Orders, includins Chanee Order rationale. and accountins of �cost detail and estimate (if applicablel; (xiiil a list of any and ali stored materials (whether stored on-site or off-site); (xivl anv additional materials required under the Contract; and (xv1 anv and all other information or documents necessary for or required bv Owner. Owner's lender, investors, mortaaeees and/or applicable �overnmentai authorities includin�, but not limited to, HUD, FWHS and the Citv. Further, the pavee list submitted with each ��Appiication�for Payment submitted by the Contractor shall itemize and identifv the amounts within each application which the Contractor intends to �av to each Subcontractor for Work performed on the Project up to the date of each Application for Pavment, and shall set forth the amount of the contract balance with each such Subcontractor which will stiil be unpaid after �a,vment ofthe amounts so itemized. Contractor acknowledees and a�rees that no Application for Pavment shall be considered cornplete unless and until said Application for Payment is accompanied bv all items required by the Contract Documents. The lien waivers referenced in this Section 9.3.1.3 and elsewhere in the Contract Documents shall be in the statutory form required bv the Texas Property Code. In addition, as a condition of pavment with respect to each Application for Pavment immediatelv followina the completion of anv buildine foundation slab. Contractor shall submit to Owner and Architect for review and approval, an as-built foundation survev, prepared and stamped b�properlv licensed and certified survevor retained bv Contractor and approved bv Owner in writin�, for each building comprisin� the Proiect. The defense, indemnity, and hold harmless obli�ations of Contractor hereunder shall survive acceptance of the Work and completion or termination, with or without cause, of the Contract. S 9.3.1.4 Contractor shall prom�tiv dischar�e. cause to be dischar�ed, or make adequate provision for dischar�e of anv and all mechanic's and materialman's liens filed by anv third partv in connection with the Work, provided Owner has paid amounts due Contractor, subiect to Owner's rights under the Contract, in connection with the Work that is the subiect of anv such lien. All costs and expenses associated with anv mechanic's or materialman's lien for which Contractor is responsible pursuant to this Section and which is filed or threatened to be filed shall be borne by Contractor alone. Contractor herebv defends, indemnifies and holds the Owner Indemnitees and the title insurance AIA Document A201°- 2017. Copyright OO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tie "t,merican insiitute cf A�•chitecYs:" "Alr;," t�e ASP. La�o. "A20�." and "AIA i:GYEtf8C1 CQCUE?1E�tiS" are 48 reg;stsree t;adamarks ar:c m�p nat he ussd wiEheut permissian. This documentwas produced by AIA software at 17:40:18 ET on 09/14/2021 under Order % No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) companv providin� title insurance for the propertv comprisine the Proiect Site ("Title Insurer), harmiess from and against anv loss or dama�e (including, without limitation, attornevs' fees and court costs) caused bv the filin� of anv such mechanic's or materialman's Iien. In addition, in such event. Contractor shall promptly take such actions as mav be requested bv the Titie Insurer for the Owner or an�a.,2�ee or lender to the Proiect in order for such Title Insurer. within ten (10) days after the date such lien is filed, to issue and deliver to Owner and any mortgagee, an Owner's and mort�a�ee's title policv, insurin� asainst such lien or to issue and deliver endorsements to existine policies, insurin� a�ainst such Iien. These actions shall include, but not be limited to, providine a lien and indemnitv bond, in a form satisfactor,y to Owner. should the person or entitv filine the mechanic's or materialman's lien at issue fail to remove such lien or record in exchanee for a release of lien bond (which lien and indemnitv bond shall be in a penal sum of not less than one hundred fiftv percent f 150%) of anv such lien claim or a areater amount as required bv law, and issued bv a surety listed as acceptable in the then current Department of Treasury Listins of Approved Sureties Circular 570 and �� acceptable to�the Title Insurer, namin� the Title Insurer as an oblieee, and which will fullv protect the Title Insurer aeainst all costs'and expenses associated with the such lien claiml. This provision shall survive termination of the Contract. Once the Contractor has removed of record anv mechanic's or materialman's lien for which the Contractor is responsible `pursuant to this Section or with respect to such lien has provided a bond acceptable to Owner, then the Owner shall release all sums beine held on account of such lien as part of the pavments made in response to the next succeedin�pavment ap�lication submitted bv the Owner. § 9.3.1.5 Contractor hereby authorizes and consents to direct communications, at anv time and in anv fashion, between Owner and anv Subcontractors on the Project re�ardina the Work performed on the Proiect and the status of �avments to said persons or entities for said Work and Owner shall notifv Contractor of any such communications with its Subcontractors grior to such communications. § 9.3.1.6 Contractor acknowledees that Owner and Contractor are, or shall be. bound bv and subject to the terms of a certain master disbursing a�reement amon� Owner and Owner's lenders, investors and/or mortea�ees to the Project (the "Disbursin� A�reement"), the terms of which are, or shall be, incorporated herein by reference and shall �overn �avments for the Work hereunder and Contractor aerees that the terms governine pavments for the Work herewider shall be in compliance with, and wiil be deemed modified to conform to, the terms and conditions of the Disbursin� A�reement, includin�, without limitation, the provisions of this Article 9. § 9.3.2 > � . Payment for materials and equipment stored on or off the s�e-Proiect Site shall be conditioned upon Owner's prior written approval and compliance by the Contractor with procedures satisfactory to the Owner and Owner's lenders to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the s�e; Proiect Site, for such materials and equipment stored off�e-the Proiect Site. Dama�e to material or equipment stored on or off-site shall not entitle the Contractor to anv'increase in the GMP. Payments for materials and equipment stored on-site shall not exceed twentv-five percent (25%1 of the value of Work in place as of the date of the relevant Application for Pa� unless otherwise approved bv Owner in writina (such approval not to be unreasonablv withheld). Notwithstandin� the fore�oine sentence; subiect to this Section 9.3.2, all other applicable requirements of the Contract Documents, to the extent Contractor believes it is in the best interest of Owner and the Proiect, followin� prior written notice to Owner, Contractor may store any lumber materiais offthe Project Site. Any materiais stored off-the Proiect Site bv Contractor shall be stored in a bonded warehouse or such other secured facility satisfactory to Owner, or at the premises of the manufacturer or fabricator (in which event the materials shall be appropriatelv marked and identified with the applicabl�urchase contract and phvsically seQreeated in an area with access to a pubiic street), until the materials are incorporated into the Proiect and shall be insured by Contractor (or such Subcontractor) a�ainst casualtv, loss and theft for an amount equal to their replacement costs; provided that if the materials are stored with the manufacturer or fabricator Owner must receive evidence satisfactory to Owner of the creditworthiness of the manufacturer or fabricator and/or Contractor shall procure and deiiver or cause to be grocured and delivered to Owner such dual obii�ee performance and labor and material �ayment bond or bonds, in form, substance and amount satisfactory to Owner, as Owner ma�require. Aii materials that are stored off the Project Site shall be marked and identified as the propertv of Owner, and Owner shall have the riaht to access all materials stored off the Proiect Site. Furthermore, Contractor shall take or cause to be taken all actions necessary to insure, maintain, preserve and protect the materials and kee�them in eood condition and repair, and to com�l,v with all laws, reguiations and ordinances relatin� to the ownership, stora�e or use of the materials. Contractor shall be fullv responsible for an�dama�e and/or loss to anv AIA DocumentA201�- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Tite ':�.mei�ican insYitu!e of Architects:"':AiA," fhe AIA. Loge. "k�0 ;." and "kIA Cantract Cxuments" are 49 reaistered t;ademarks and n�ay na: be ussd wi+hout per3nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06l2021, is �ot for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) materials in transit and/or stored off the Proiect Site. Only invoice price, less delivery char�es or other related handling costs, will be paid for stored materials (whether storaee is on-site or off-sitel. �� § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner �e 1�+�r �ti�� *�,e *:me ��.,m��+, either bv incorporation in the construction ofthe Project or upon the receipt of payment � therefor bv Contractor from Owner, whichever occurs first. The Contractor further warrants thaf upon submiital of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner ^��", *� �'�� "��* ��"� �'��*��+��>^'��^.,.'�a� :�� m^*:�� '' "�':�° ;hall be free and clear of liens, ciaims, security ��'��+� ��- ..�'�� interests or encumbrances in favor of the Contractor, Subcontractors, ��,r other persons or entities , , makine a claim by reason of havine provided labor; materials and equipment relating to the Work. § 9.3.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents and accepted and approved bv Owner. Tl�e schedule of values shall allocate the entire Guaranteed Maximum Price amone the various �ortions of the Work, except that the Contractor's Fee shall be shown as a sin�le separate item. The schedule of values shall be prepared in such form and supported bv such data to substantiate its accuracv as the Architect or Owner ma�require. This schedule of values. unless objected to bythe Architect or Owner, shali be used as a basis for reviewine the Contractor's Applications for Pavment. A copv of the schedule of values is attached to the Asreement as Exhibit A-L The allocation of the Guaranteed Maximum & 9.3.5 Applications for Pavment shall show the Percenta�e of Completion of each portion of the Work as of the end of � ��the �period covered bv the Application for Pavment. The "Percenta�e of Completion" shall be the percentaee obtained bv dividins (a) the Cost of the' Work that has actually been incurred bv the Contractor on account of that portion of the Work for which the Contractor has made, or intends to make actual pavment prior to the next Application for Pavment, by (b) the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. S 9.3.6 Subject to other provisions of the Contract Documents, the amount of each proeress pavment shall be computed as foilows: .1 Take that portion of the Guaranteed Maximum Price properiy allocable to completed Work as detern�ined b�ult�lvine the Percenta�e of Completion, as determined by Section 9.3.5 above, of each portion of the Work (includin� the Contractor's seneral conditionsl bv the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pendine final determination of cost to the Owner of chan�es in the Work, amounts for Work authorized bv a CCD not in dis�u#e shall be included as provided in Section 7.3.9 above; ,2 Add that portion'of the Guaranteed Maximum Price pro�erly allocable to materials and equipment delivered and suitablv stored at the Proiect Site for subsequent incorporation in the completed Work, and as provided in the General Conditions or if approved in writing in advance by the Owner. suitablv stored off the Project Site at a location a�reed u�on in writin�; .3 Add the Contractor's Fee, which shall be computed upon the Cost of the Work described in the precedin� Sections 9.3.6.1 and 9.3.6.2 at the rate stated in Article 4. Section A(2) of the A�reement or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount determined by muitiplyine'the Percenta�e of Compietion of the entire Wark (excludina the Contractor's Feel b�� fixed sum Contractor's Fee; .4 Subtract retaina�e in accordance with Section 9.31.2 above; .5 Subtract the a�ere�ate of previous �ayments made bv the Owner; .6 Subtract the shortfall, if anv, indicated bv the Contractor in the documentation required bv Section 9.3.1.3 above to substantiate prior Applications for Pavment. or resultinQ from errors subsequentiv discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect or Owner has withheld or nullified a Certificate for Payment as provided in this Asreement or in Section 9.5 below. & 9.3.7 Except with the Owner's prior written approval, pavments to Subcontractors shall be subiect to the same retaina�e as Contractor. AIA Document A201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. AII rights reserved. Ti7e "F,nierican ?ns:3tufe af Arohitects:" "A;a,° the ti3?. Logo. "A20?." an� °ki? Contrect Gacu:nenfs' are 50 �egistered trademarks and may no! e2 usad wiFhcut permisslon. This document was produced by AIA software at 17:40:18 ET on 09/14l2021 u�der Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 9.3.7.1 The Owner and the Contractor shall aeree upon a mutually acceptable procedure for review and written �roval of �avments to Subcontractors, and the Contractor shall execute subcontracts in accordance with those a�reements. Owner shall release retainaee in accordance with Section 9.3 or as otherwise required bv applicable Laws. � 9.3,8 In takine action on the Contractor's Applications for Pavment the Architect and Owner shall be entitled to relv on the accuracv and completeness of the information furnished bv the Contractor, and shall not be deemed to be represent that the Architect or Owner has made: (1) a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 93.1.3 or other supportinE data; (21 exhaustive or continuous on-site inspections; or (3) examinations to ascertain how or for what purposes the Contractor has used amounts previouslv paid on account of the Contract. Such examinations, audits, and verifications, if required bv the Owner. will be performed by the Owner's auditors or other representatives actine in the sole interest of the Owner. $ 9.3.9 Notwithstandine the fore�oin�, if and only if allowed bv Owner's lender, investors, mort�aeees and anv � lip cabte �overnmental authorities and if approved by Owner in writinE in its sole discretion, Owner mav, in its first (lst) pro�ress payment paid to Contractor hereunder,pay an amowit for Contractor's eeneral conditions expenses in excess of the amount due to Contractor under Section 9.3.6. § 9.4 Certificates for Payment § 9.4.1 The Architect will; within s2�e�-five 5 days after receipt of the Contractor's Application for Payment, either , ; , > ..; , ' . . .issue to the Owner a "Certi�cate for Pavment," with a copv to the Contractor, for such amount as the Architect and Owner determine is properlv due or notif�the Contractor in writine of the reasons for withholdine certification in whole or in part as provided in Section 9.5.1: Provided that a Certificate for Payment is received by the Owner not later than the last dav of a month, the Owner shail make pavment of the amount certified to the Contractor not later than tlie last dav of the next month. If a Certificate for Pavment is received b�the Owner after the receipt date fixed above, pavment of the amount certified shall be made bv the Owner not later than thirty (30) days after the Owner receives the Certificate for Pavment. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data �x-comprisin,�the Appiication for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point �e�;-indicated and that the quality ofthe Work is in accordance with the Contract''��•�m��*� �a �"�* *"�''��+��'^� :� ��*:*'�a *^ � �« :^ ," }'�� * ��a. Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by +'-�n�the Architect in writine to Owner. The issuance of a Certificate far Pa� wili further constitute a representation that the Contractor is entitled to �avment in the amount certified. However, the issuance of a Certificate for Payment wiD not be a representation that the Architect #�a�-has: (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Wark; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material supptiers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect or Owner may elect not to make payment and/or withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's or Owner's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the r,.�+...,..+,,.- ..,,,+ n..,.�,:*o„t Contractor Architect and Owner cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is abie to make such representations to the �'��~ "T'"� n~�":+�� ~��,. �'�� .,,:''�"^'a ^ Owner. such Certificate far Payment to be subject to Owner's approval. AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Iltlt. qmerican Institute of Architects. All rights reserved. Tife "Anierican instituis ef A��chitects:" "A;�.," Ehe AIP. Loge. "k'L4i." an� °AIA Contract Gacuments" are 51 re�isterec t;adamarks and mny not be used ;Rrithcut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) The Architect or Owner may also elect not to make full �avment and withhold an appropriate portion of the Certificate far Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss far which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because e€of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner and Owner's lenders is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors a��=s-for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the �unearned balance of the r,,,,�GMP; .5 `damage to the Owner or a ;s�arate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid amount of the Contract Sum earned bv the Contractor {subject to anv withholding for other causes under the Contract Documents) is not adequate to cover liquidated damages for the anticipated delay;e� ,7 ontractor's neali�ence or failure to perform its oblieations under the Contract Documents; .8 erroneous estimates by the Contractor of the value of the Work performed; ,9 failure of the Contractor to provide record documents in accordance with the requirements of the Contract Documents or failure to keep record documents up to date on a monthly basis; .10 Contractor's failure to provide materials and Subcontractor lists prior to its initial schedule for the Work; .11 Contractor's failure to provide and update the Project Schedule reeardin� the pro�ress of the Work; or ,12 Contractor's failure to provide and update such other items as may be required under the Contract Documents, ' includin�, without limitation, �avee lists, SBE/MBE/WBE compliance reports and certified pavroll reports. § 9.5.2 When • � . � . ..,,.,.,,. ,. .,..a '*�.......,,.,.. .,, .,w.,,;, ., r,�.,:.,, ; ,,,.a.,.,,.o .,>;+�, n,.t;,.�o � �-the above reasons for withholdine � �avment or certification are removed, �avment or certification will be made for amounts previouslv withheld as part of the next re u�v scheduled Application for Pavment. § 9.5.3 , -��'�3ntentionallv Deleted. § 9.5.4 �€Notwithstandin� the Architect's issuance of a Certificate of Pavment and notwithstandin� the provisions of Section 9.5.1 and of anv other provision. the Owner shall have the rieht to withhold from pavments due to the Contractor such sums as mav be necessary to protect the Owner a�ainst anv loss or damaee which mav result from ne�liaence or unsatisfactory Work bv the Contractor, failure by the Contractor to perform his oblieations, includine failure to maintain pro�ress of the Work in accordance with the Project Schedule and/or the Contract Time, or claims a�ainst the Contractor or the Owner relatine to the Contractor's performance or Work. In addition, the Owner mav withhold �avments from the Contractor for dama�es bv the Contractor to others not adjusted, failure of the Contractor to make proper_pavments to his material suppliers and Subcontractors and where there is reasonable evidence indicatine a�robable filine of anv claim aeainst the Owner or the Contractor in connection with the Work or the Project In addition, if the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor e��to whom the Contractor failed to make paymen# for Wark properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shali notify the Architect and the �'�^*��'�� '��" Architect will reflect such payment on its next ^��''�^^*'�^�� ertificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate far Payment, the n..,�� "�" m^',� r^„m��* nwner, unless it exercises its ri�hts pursuant to Section 9.5 above, shall process and shall make pavment, to the extent, in tlie manner and within the time provided in the Contract Documents, and shall so notify *"��the Architect unless Owner AIA DocumentA201m- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Iitit. American Institute of Architects. All rights reserved. The "?,n�erican insiitu;e �f A��chitscYs;" �'AiA,° the AlA Loge. "A2G i," an� "kIA +wontract Cacuments" are 52 regis#erec irademarks and n�ay nof i:e used :vithout per�nissian. This document was produced by AIA software at 17:40:18 ET on 09(14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may oniy be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) elects not to do so pursuant to Section 9.5. Payments to the Contractor shall be processed in accordance with, and subiect to, the requirements of the HIJD Process for Pavment of Construction work. Retainatre shall be withheld from pro�ress pavments as set forth in Section 9.3.1.2 above. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven �,days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect or Owner will, on reGuest, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by tl�e Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven �days, the Owner shall have the right to contact Subcontractars and suppliers to ascertain whether they have been properiy paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor's payments to s��supplier Subcontractors shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work which is not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Ce�r•ae-t �u�; GMP, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shail be held by the Contractor for those Subcontractors �who performed Work e�and/or furnished materials, �under cozrtract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be p(aced in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 ,� . > > > � ,� � 5 . , . > > „�:^" *'�� ':�� ^*"�� ,�:^� �^� � �+ "�� '�� a,If Contractor fails to make timelv pavment to its Subcontractors for Work performed on the Project in accordance with Subcontracts for such Work, it shail protect Owner, and an oy ther person or entitv the Owner mav direct, aeainst anv and all liens filed bv such Subcontractors. in a manner subject to the satisfaction of Owner. § 9.6.9 Contractor acknowled�es that Owner mav require the use of construction pavment mana�ement software (e.,�., LCPtrackerT�tl for certified �avroll reporting and a�rees that. if Owner re9uires the use of such a system. Contractor's receipt of anv pavments for Work hereunder shall be expresslv contin�ent upon Contractor's use thereof. Contractor further a2rees that it shall incorporate this provision into all subcontracts with its Subcontractars and sup_pliers. and shall require its Subcontractors to incorporate this provision into all contracts with Sub-subcontractors and suppliers of an tier. § 9.7 Failure of Payment �Subiect to Section 9.41 above, if the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven �days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven �days after the date established in the Contract Documents, the amount certified � f'�� ^��":*��* � ��'�a "�.'�:�a:�^ a:^�„«� �^'.,+:^^, in the applicable Certificate for Pavment. unless such failure is due to a reason enumerated in Section 9.5.1, then the Contractor may, upon seven �additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time AIA DocumentA201°— 2077. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Iltit. qmerican Institute of Architects. All rights reserved. Ti�e •:�ni�ric2n €nstitute ef Architects;" "A;A," the AiA �ogo. "k2Qi." anci "AIP. Cantraat Cocaments" are 53 registered t;ademarks ard nz�y no+ lJe usad withcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12l06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) shall be extended appropriately and the r��+��* c..m r=MP shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 � ' , 'S ;+^'�*�^a�a ..�� As used in the Contract Documents, the terms "Substantial Comp[etion." "Substatrtiallv Complete" and/or the "Date ofSubstantial Cotr:pletiorz" (whether capitalized or lower case), shall mean the date upon which all of the followine shall have occurred: (11 the Work (or anv applicable desi n� ated portion thereofl has been fu11Y completed in accardance with the Contract Documents and applicable Laws, except and only for minor items that wili not unreasonably affect the ase, occupancv and operation of the Work, and anv desi�nated portion thereof, as ��intended, and the Work is sufficientiv complete (with the above noted exceptions onlvl to enable the Owner to occupv and use the Work. or anv desi�nated portion thereof (and all as�ects and elements thereofl as intended witliout unreasonable disruption or interference caused bv the need to complete anv of tlie Work then remainine to be completed {in this regard, the Contractor specifically acknowled�es and a�rees that Substantial Compietion shall require the full completion of all interior unit punch list items): (2) the punch list items are sufficientiv few and of a nature that would not interfere with Owner's abilitv to full�p,v and use the Work for the purposes for which it is intended to the extent required bv the Contract Documents; (3) the Contractor has procured and deiivered to the Owner (and the Architecf has'so certifiedl all certificates, consents, approvals and permits with respect to the Contractor's Work required under a�plicable Laws for occupancy and/or use of the Work or any applicable desienated portion thereof, or required by the Proiect's lenders, investors or mort�a�ees, inciudin�. but not limited to, the issuance bv the Citv and FWHS of a permission to occup,v the units comprisin� the entire Work (or anv applicable desi�nated portion thereofl. In this re�ard, Contractor acknowledees that permission and/or consent to use and/or occupy the Work for its intended purpose from HITD; FWHS, the Citv, and/or other applicable aovernmental autllorities and the Proiect's lenders, investors and/or mortga�ees requires that Substantial Compietion shall require the completion of such Work sufficiently to obtain the required permission and/or consent to so use and/or occupy the Work; (4) the Architect issues and si�ns a Certificate of Substantial Completion. AIA Document G704. 2017 Edition, certifvin� in writinQ that the entire Work (or any a�plicable desi�nated portion thereofl is Substantially Complete as required bv the provisions of this Section above, and further certifies that Contractor lias procured and delivered to Owner all certificates, permits, a�provals and consents with respect to the Contractor's Work required under applicable Laws for occupancv and use of the Proiect, and that such Work is sufficiently compliant with the Contract Documents and applicable Laws, to allow Owner to fullv occ�v and utilize the Work for its intended use (and all aspects and eiements thereofl to the extent required by the Contract Documents, which certification is accepted in writin� by Owner (such acceptance not to be unreasonablv withheld, conditioned nor dela�d); (51 the Contractor has complied with the terms and conditions of Section 9.8.2: (61 a11 mechanical, electrical and life safetv support systems comprisinQ the Work (or an�p�licable desi�nated portion thereofl are functionine as required bv the Contract Documents; (7) the Contractor has complied with the terms and oonditions of Section 3.15.1: (81 Contractor has delivered all unit chattel lists to Owner and Architect '(9) reserved; (101 Contractor has delivered to Owner a written authorization from the suretv issuinQ �avment and performance bonds reguired hereunder, if any, consentin� to release of retention in accordance with the Contract Documents• and (ll) the Contractor has satisfied all other conditions or requirements with respect to Substantial Completion established in the Contract Documents. The Contractor acknowled�es and aerees that Substantial Completion as defined herein requires a si�nificant level of com�letion bevond that normally associated with °substantial completion" in the ordinary construction industry sense, the Substantial Completion is intended herein to mean near total completion of the Work sufficient to allow a clean and full turnover of the entire Work (or anv a�piicable desi�nated�ortion thereofl to the Owner and its use and occupancy at that time as intended, and that SubstanYial Completion as defined herein requires that the Work be "substantialiv complete" in the ordinarv. construction industry sense substantiallv earlier than the dates established herein for Substantial Completion. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect and Owner a comprehensive list of items to be compieted or corrected prior to ��-Final Pavment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discioses any item, whether or not inciuded on the Contractor's list, which is not sufficientiy complete in accordance with the Contract Documents so Init. AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ti7e ':Anierican ins:ituie of A3�chitects;" "f,iA," the AiA Lago. "k2Qi." and "kiA Cantracf Cacu�nents" are 54 ;egisterec trademarks and ni�y na: iJe useci wi+hc�t per3nission. This documentwas produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/O6/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, comp(ete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the entire Work or applicable designated portion thereof is �b��a��a113=se}np�e�e, Substantiallv � Complete, the Architect will prepare a Certificate of Substantial Completion that shail establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security; maintenance, heat; utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish ail items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Compietion of the `�'��'r �� a��:b�^*�a ^^�":^^ +"��^�' �ntire Wark unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion sliall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in +'�� r'�Y*:�^^'�. T T�^^ �,^'� ��+�� a ^ �^+ ^� �^r�+., :�^^., >" , � � 5 �� • . uch �Certificate of Substantiai Completion. § 9.9 PARTIAI. OCCUPANCY OR USE § 9.9,1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.2.2.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage; if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning fhe period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under ��^� �.�-o:'?-Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between tl�e Owner and Contractor or, if no agreement is reached, by decision of the Architect. $ 9.9.1.1 The Architect will make one reinspection after the final inspection when requested in writin.� bv the Contractor, and if complete, the Architect wili so certify to the Owner. When additional reinspections are required and requested in writin� by the Contractor, the Architect will make the inspection. The Contractor shall reimburse the Architect for all time and expenses incurred in the additional reinspections if such reinspections are required due to incomplete or defective Work. ` Final Pavment will not be approved until all incomplete and defective Work is properlv completed. Where the words "complete" or °completed" are used, it shall mean that ali areas are finished, ail materials and equipment are put in place, site wark finished, all corrections and adiustments to the Work have been made, the tests made, brochures and reports filed, and all similar information as requested bv Owner, or required bv the Contract Documents, have been provided. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shali jointly inspect the area to be occupied or portion of the Work to be occupied or used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed �u�on in writina bv Owner, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not compiying with the requirements of the Contract Documents. § g.1p �:��, �'^��,��:�� a �;�^' D^„m��*FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt ofa final Application for Payment, the Architect will promptly make such ��+��. "'rwo., .wo n..,.,,:,�,., , inspection and, when the Architect finds the Work has reached Final Completion, such determination not to be unreasonablv delaved, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been compieted in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Iltit. AIA DocumentA201°- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Ti7e "?.nierican ins#itu:e of A3�chitecYs:" "A!a," fhe AIA Loge. "A20i." an� "kIA t�antract Cacumenfs" are 55 registered tradsmarks aru rnay na: �e ussd without pe3'missian. This document was produced by AIA software at 17:40:18 ET on 09/14I2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Contractor and noted in the final Certifcate is due and payable. The Architect's final Certificate for Payment wili constitute a further representation that all conditions listed in c��? Section 9.10.2 as precedent to the Contractor's being entitled to �^��Final Pa,�have been fulfilled. & 9.10.1.1 In addition to other requirements imposed bv the Contract Documents, "Final Completion" of the Work shall require and the Work shall be "Finallv Complete" when the following requirements have been met: (1) the proper and full completion of the entire Work in accordance with the Contract Documents, includin�, but not limited to, satisfactory operation of all equipment and systems, completion or correction of all punch list items, delivery of all maintenance and operations manuals. chattel lists, and all warranties and euarantees (and assi�nments thereofl, issuance of all required approvals and certificates b�v authorities with iurisdiction over the Proiect without condition (includin� final and unconditional certificates of occupancy and any other permits and approvals relatin� to the use and operation of the Work), removal of all rubbish, tools, scaffoldin�s and surplus materials from the Project Site and correction of all propertv dama�e that is the responsibilitv of the Contractor pursuant to the Contract Documents: f21 the completion of all exterior punch list items (except and only to the extent otherwise aereed by Owner in writinel; (31 issuance bv HUD of a final HUD Trip Report (HCTD form 953791 statine that construction is one-hundred (100°/o) complete (exce�t and only for those specific improvements that HiJD determines can be completed subsequent to the date of Final Completion). and the endorsement bv the Architect of the HUD Trin Report: �4) submission and approval of the Contractor's final requisition and all required construction cost audits and confirmations; (5) onlv if requested by Owner in writine, a final, updated and recertified ALTA as-built survev (which includes withoutlimitation boundary topo�raphic, utilities and spot elevations) of the Project prepared and stamped bv Contractor's survevor, such survevor subject to Owner's prior written approval, meetin� ALTA/ACSM Minimum Standard Detail Requirements for an urban land survev. includin� ail Table A- Optional Survev Responsibilities and Speci�cations; (61 delivery of as-buiit drawin�s and specifications; (7) submission of a conditional final lien and claim waiver by the Gontractar dischar�int and waiving all claims and lien ri�hts which the Contractor may have in connection with the Work or the Project and conditioned only upon receipt of Final Pavment, in the applicable form attached �to the A�reement as Exhibit F; (81 submission of conditional final lien and claim waivers bv each Subcontractor dischar�in� and waivin� all claims and lien riehts which each Subcontractor may have in connection with the Work or the Project and coverin� the amount requested bv Contractor on behalf of the Subcontractor in the Final Payment request and conditioned onlv upon on receipt of such amount bv the Subcontractors. in the applicable form attached to the Agreement as Exhibit F; (9) submission of unconditional final Iien and claim waivers si�ned bv each Subcontractor who has been paid all amounts due related to the Work prior to Final Pavment, in the form attached to the A�reement as Exhibit F. or, if acceptable to the Owner in its sole discretion, a bond or other securitv, in such form as is directed bv Owner, protectin� the Owner and the Owner's �ropertv from assertion of anv such liens that are not waived: and (10) delivery of all of the information, documents and certifications required bv the Contract Documents the Owner, the Owner's lenders, investors or mortga�ees, HtJD, the Citv, FWHS, or any other governmental authority with iurisdiction over the Project in order to aliow the Owner to proceed to final loan closine. includin� but not limited to, an accountine and certification of: (il all costs incurred bv Contractor in the execution of the Work; (ii) all char�es or costs included in the Contractor's applications for pavment with respect to the Proiect; (iii) the Contractor's Markup, which accounting and certification shali be prepared in accordance with senerallv accepted accountin�principles. bv a licensed. independent, third-partv accountant and shall identifv and verifv all costs and charges included in Contractor's pavment applications and shall be accompanied bv such detail and supvortine documentation as required bti the Contract Documents. the Owner, the Owner's lenders, investors. mort�aQees HUD the Citv FWHS or anv �overnmental authoritv with iurisdiction over the Proiect; and (iv) correct and complete certified pavrolls and such MBE. WBE, Section 3. �avroll and reporting information and documentation as required bv a�plicable law and/or bv EIUD or anYeovernmental authoritv with jurisdiction over the Proiect. In addition, as a condition to Final Pavment far the Work. the Contractor shall deliver to the Owner three (3) clean, complete and readable copies of all Quarantees and warranties on equipment and materials furnished bv all manufacturers and sugpliers to the Contractor and ali Subcontractors, to�ether with dulv executed instruments properly assienin� the �uarantees and warranties to the Owner, and shall also deliver to the Owner three (3) clean, complete and readable copies of all related manufacturer's instructions, related maintenance manuals. replacement list, detailed drawin2s and anv technical requirements necessary to operate and maintain such equipment and materials or needed to maintain the effectiveness of anv such warranties. In addition, notwithstandins anvthin� to the contrary in the Contract Documents, in no event will Finai Payment be due or be made prior to thirtv-one (31) days after the latest to occur of (i) "completion" of the Wark, as defined in and required bv Section 53.106 of the Texas Propertv Code, or (ii) the date of completion as set forth in the filin� with the countv clerk of the countv where the Proiect Site/land is located of an Affidavit and Certificate of Completion (the "Afftdavit of Completion"), executed by Owner, the Contractor and Architect (if and to the extent required by anv lenders to the Projectl, in the form of Exhibit D AIA DocumentA2�1°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. The "�.mericar. instit�ie cf Architects," "R;A," the tilP. Log�. "k2D'1." and "kIA Contracf Cocuinents" are 56 register�d irademarks ard mny not ce used :vi:hout permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) attached to the A�reement (or a certificate or affidavit in such other form which complies with Section 53.106 of the Texas Propertv Code and is otherwise acceptable to such lenders), or (iii) the date the Contractor lias otherwise fullv ` and completelv satisfied the requirements of Section 53.106 of the Texas Propertv Code, to the extent applicable to Contractor, including, without limitation, providine, and/or assisting Owner with providin�, a copv of an� affidavit to all parties, and within the time periods, required by such Section 53.106. Unless otherwise provided in herein. Contractor acknowledaes and aerees that all references to "completiou" and/or "final completion" in the A�reement shall mean Final Com�letion as defined in this Section 9.10.1 and further a�rees that Final Completion requires the satisfaction of each and all of the items set forth in this Section 9.10.1, whether or not all such items are set forth or referenced in the Aereement in connection with completion and/or final completion. $ 9.10.1.2 The Contractor and Owner understand that when HUD issues its final Proiect inspection report (HUD Form 953�91 showine that construction is one hundred percent (100%) complete, such report may show certain specific improvements as not vet complete, with an estimate of the cost required to complete such improvements. The Contractor and Owner understand that, in such case. HUD may require, as a condition of Final Loan Closine, that the Owner and Lender enter into an Escrow Deposit Agreement (FHA Form 2456) with the deposit called for therein, which is a sum equal to two hundred percent (200%) the estimated cost to complete the improvements, as shown on HLTD Form 95379.` The Contractor and Owner understand that the escrow deposit to be made under any such Escrow Deposit A�reement will be made with funds withhetd bv the Owner from the Finai Payment due to the Contractor. The Contractor herebv authorizes the Owner to withhold such amounts as required by the Escrow Deposit A�reement, without interest, until such time as thev are released in accordance with the tern�s thereof. § 9.10.1.3 The Architect will make one re-inspection after the Final Inspection when requested in writine b�� ontractor, and if complete, the Architect wiil so certifv to the Owner. When additional reinspections are required and reauested in writin� bv the Contractor, the Architect wi11 make the inspection. The Contractor shall reimburse the Architect for all time and expenses incurred in the additional reins�ections. Final Pavment will not be approved until all incomnlete and defective Work is properlv completed. Where the words °complete" or "completed" are used, thev shall have #he same meanin� as set forth in Section 9.9.1.1 above. § 9.10.2 � ��''�� ' � �+ �� ^ � ��*^;��a � ��*^^� �"�''-"Final Pavment." includin� the balance (if anv) of retention (subiect to Section 53.101 of the Texas Propertv Code) and anv amounts previouslv withheld bv Owner for incomplete punch list work or otherwise pursuant to Owner's ri�hts under the Contract, shall not become due until the Contractor submits to the Architect and Owner: (1) a final accountin� for the Cost of the Work and a final Application for Pavment, each approved bv Owner; (2) an affidavit that payrolls, bills for materials and equipment, and otl�er indebtedness connected with the Work for which the Owner ar the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise r^*��',a—�?`rsatisfied or will be paid within seven ('7) days after Contractor receives Final Pavment; (3) a certificate evidencing that insurance required by the Contract Documents �e��-ee-an�er��e�rt-�ss�rTe�tl�-' �f ^*, ��»^1 will remain in force after iix cxxccc > u Final Payment, (b) is currenilv� in effect and (c) will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been �iven to Owner: (41 a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract'�'^^��m�^*�,'"` Documents; (5) consent of surety, if any, to , �, ' ��:�� c.,��*�^^*^r „>^rr^^*;��, Final Pavment; and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as �t�s-a�-receipts, releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the �� ontractor, subject to written approval by Owner, may furnish a bond satisfactory to the Owner to indemnify the Owner against such � , . , , , lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner ail money that the Owner may be compelled to pay in discharging *'�� ,:�� ,�:-� r:*�, :�+�r��+ � m"�^^^� ^'„�';^��„ ��`� �„�' � �'�,� , ," �' n ��such ]ien, inciudine all costs and attornevs' fees. Within seven (7) days of Contractor's receipt of Final Pavment Contractor shall submit to Owner the an unconditional final lien and claim waiver bv Contractor coverine all amounts paid to Contractor under the Contract in the a�plicabie form attached to the Aereement as Exhibit F, and unconditional final lien and claim waivers by each Subcontractor who performed Work on the Project and coverin� all amounts paid to each Subcontractor in connection with the Proiect (excludine those Subcontractors who submitted such waivers pursuant to subpara�raph (71 of Section 9.10.1.1 above). Notwithstandine anythine in the Contract, all lien and claim waivers shall be in the form required under the Texas Property Code and Contractor shall not be Iltit. AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. T7e "Anierican •.ns:ituie af A��chitects;°'AIA," the AIA Laga, "A20i." an� "F�.IA Contract Gocurnents" ar� 57 ;eg;sterec irad�marks and may na! ee ussd withcut pe��mission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 uoder OMer � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-6me use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) ( required to furnish an unconditional waiver and release unless Contractor has received pavment in the amount of such waiver and release. § 9.10.3 If, after Substantial Completion of the `x'��'� ��^' � �'�*:^^ *"�r��':� ~��~:�"., a�'^.,�a entire Work, Final Compietion thereof is delaved sixty (601 days or more through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion ofthe Work fully ^^m�'�*�a, ^^��^*�a, ��a ��*�a. �ompleted and accepted orovided the conditions to Final Pavment relatin� to such Work are first satisfied. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing ��'�Final Payment, except that it shall not constitute a waiver of C--}a��s:�claims. § 9.10.4 The making of ��^' �^��^^�^* ^'�^" Final Pavment shall not constitute a waiver of Claims by the �� fw., n � � �b , > ; . . . . •4 �.,��.......�,:�,.c..�..��..:..1 . „+:o.- ,- ro.i 1.., rt,o r',,,,+r.,..r n„�.,,,,�.,s... „ � :o � , , . wner. § 9.10.5 Acceptance of ��^' � ��* ".. *"� �'^^*�^^*^� � c,.'�^^^*r�^*^r, � �n�v:, Finai Pavment by the Contractor or anv Subcontractor (includin�, without limitation anv supplier) shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of finai Application for Payment. § 9.10.6 The Owner's auditors, accountants or other representatives will review and report in writin� on the Contractor's final accountin� within such time as is reasonably necessary for such review. Based upon such Cost of the Work as the Owner's auditors. accountants or other representatives report to be substantiated bv the Contractor's final accountin� and provided the other conditions of Section 9.10 of these General Conditions and Article 5 of the A,reement have been met, the Architect will, within seven (7) days after receipt of the written report of the Owner's auditors, accountants ar other representatives. either issue to the Owner a final Certificate for Payment with a cop ��to the Contractor, or notifYthe Contractor and Owner in writin� of the Architect's reasons for withholdine a certificate as provided in Section 9.5.1 of these General Conditions. The time�eriods stated in this Section 9.I0.6 supersede those stated in Section 9.41 of these General Conditions. The Architect is not res�onsible for verif�,g the accuracv of the Contractor's final accountin�. � 9.10.7 If the Owner's auditors, accountants or other representatives report the Cost of the Work as substantiated bv the Contractor's final accountin� to be less than claimed bv the Contractor, the Contractor shall be entitled to resolution of the disputed amount pursuant to the provisions of the Contract Documents. Such demand for resolution shall be made bv the Contrac#or within thirtv (30) days after the Contractor's receipt of a copv of the Architect's final Certificate for Pavment. Failure to make such demand within this thirtv (30) dav period shall result in the substantiated amount reported by the Owner's auditars. accountants or other representatives becomine bindina on the Contractor. Pendine a final resolution of the disputed amount, the Owner shall pav the Contractor the amount certified in the Architect's final Certificate for Payment. § 9.10.8 The Owner's Final Payment to the Contractor shall be made no later than thiriv (30) days after the conditions in this Section 9.10 have been satisfied. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 5afety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. In addition, and without limitinQ the foreQoine, Contractor shall initiate, maintain, implement and supervise all safety precautions, measures. rules, procedures and pro�rams required � the Contract Documents. Contractor shall also require the Subcontractors and their emplovees. aEents and others for whom thev are responsible to com�lv with all of the fore�oin� precautions, measures, rules, procedures and proerams. (nit. A�A DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 20�7 by The American Institute of Architects. AII rights reserved. Ti7e':Anierican cnstituie cf Architects;° "AIA," the ,�SA Logo. "A20':." and "F+IP, ::ar.tract Gacurnents" are 58 registered i;ademarKs ar�d n�ay na: �� used ��iEhcut per!nission. This documentwas produced by AIA softv✓are at 17:40:18 ET on 09/14/2021 under Orcier � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 10.2 Safety of Persons and Property ( § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, bodilv harm, death, or loss teto: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the �.� Project Site, under care, custody, or control ofthe , , , �Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other properiy at the si#e—Project Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course ^��+��+��.�fconstruction; .4 the Contractor shall complv with all provisions and recLuirements of the Occupational Safetv and Nealth � � Act of 1970 and/or the Construction Safetv Act of 1969 (whichever is applicable) and with all applicable Laws of an�public authori havin�jurisdiction for safety of persons or propertv or to protect them from damaee, injury or loss; and; .5 Contractor shall erect and maintain, as required bv existine law safeeuards for safetv and protection, includinE postin� danger sisns and other warnines asainst hazards, promulsatin� safetv reeulations and notifvin� owners and users of adjacent utilities. § 10.2.2 The Contractor shall comply with, and give notices required by applicable'^�� *�'•�*��, �-a:�^�^�^ ^^�'�^ �.,a�^ �^a �^��+:�� a'^.,,'"' ^-a��^ ^�^.,w';^ ^.,*'�^�:*;�� Laws bearing on safety of persons or property or their ' protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing ee��ie�s-conditions, applicable Laws and performance of the Contract, reasonable safeguards for safety and protection, including fencine as well as posting danger signs and other warnings against �a�s�,—hazards, promulgating safety ,.�..�•�regulations and notifying �ke-owners and users of adjacent sites and .utilities. § 10.2.4 When use or storage of expiosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly �e�e�remedv, at no additional cost to Owner, ali damage and loss (other than damage or loss �reimbursed under property insurance required by the Contract Bec-�e��s}Documents, if anv) to properiy referred to in Sections 10.2.1.2 and 10.2.13 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and ' n?,�'''"�''��'��+�r m�.. ��,.� � , ' 10.2.1.3 exce�t damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the s�i�Proiect Site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or s�e-Project Site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding ?�—three 3 days after discovery. The notice shall provide sufficient detail to enable the other pariy to investigate the matter. AIA DocumentA201m- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. AII rights reserved. T7e "Anierican instituie ef A3-chitects," "A?A;" ths AiA Lo�c. "A2Q?." anu "F+(P. Contract Gacuments" are 59 reoistered trademarks and n��y naE i:e usad .vitheut permission. This document was produced by AIA sofiware at 17:40:18 ET on 09/14/2021 u�der Orcler � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-6me use oniy, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 10.3 Hazardous Materials and Substances § 10.3.1 �� • b > > > b b , ' . ontractor understands and a�rees that the safet oy f all persons and propertv at or near the Project Site, including all emplovees and tenants of fhe Owner (and/or its affiliated entities, lenders and investors), is of prime concern, and Contractor shall employ and be responsible for all necessai•�etv control measures to prevent anv damaee to�ersons or propertv in the vicinitv of the Work. Contractor further agrees that each emplovee and/or Subcontractor who performs Work on the Project shall be ]icensed, trained and certified as required bv all applicabie Laws. § 10.3.2 , > � �� a � � ' . , � s�a�t-t�:Contractor is responsible to coordinate and sequence all as�ects of the Work so that the entire Work is completed in a proper and timelv fashion, in accordance with the requirements of this Contract and all applicable Laws In this re�ard Contractor shall be responsible for com�lvin� with anv and all federal state local and forei�n Laws includin�, without limitation all decrees, policies, reeistrations, licenses, �uidance, or orders of anv �overnmental committee each as amended and as now or hereafter in effect, and the common law, relatin� to public health safery (includina occupational safe ) and pollution or protection ofthe environment, inciudin� but not limited to all those relatin tg o the presence use, production, eeneration, handiing, transportation, treatment, storaee. disposal, distribution labeliu�� testin�processin� dischar�e investi�ation, release, threatened release, control, miti�ation or olean-up of any Hazardous Materials. "Hazardous Materials" means anv hazardous materials, hazardous substance, hazardous waste extremelv hazardous waste, extremelv hazardous substance. chemical substance or mixture, pesticide pollutant contaminant toxic chemical toxic substance petroleum product or bv product asbestos polvchlorinated biphenvls moid, microbials, perchloroethvlene, tetrachloreoethene, cvanide, man�anese, lead, lead based material mercurL containing material, volatile or�anic compound, semi-volatile or�anic compound, poi�chlorinated biphenvls radioactive material or noise as defined or referenced in anv law relatine to hazardous �� materials `public health, environmental protection or safetv (includine occupational safetv). § 10.2.9 Contractar acknowled�es that certain orders, deciarations and health recommendations have been issued bv federal state and local �overnmental authorities related to COVID-19 and/or the novel coronavirus (includin�. without limitation anv executive orders bv the Governor of the State of Texas) and a�rees that Contractor shall comply with all such orders, declarations and health recommendations to the extent applicable to the Work and/or required bv applicable Laws and shall take all measures reasonablv necessai�perform the Work in a manner that protects the health and safet ov f its personnel and all personnel of Owner and Contractor's Subcontractors as required bv anv such applicable orders, declarations and/or health recommendations. Contractor further a�rees that that the GMP includes all costs and exoenses arisin� from or related to Contractor's compliance with all such orders, declarations. health recommendations and implementation of such safety precautions and that Contractor shall not be entitled to an extension of the Contract Time or increase in the GMP related to Contractor's compliance with such required orders declarations health recommendations and/or the implementation of such safetv precautions. § 10.3.3 , > , > , � � > 5 , , , , (nit. AIA DocumentA201�- 2ot7. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Ti7e':�,niericar. :nst:tute of A?'ClittECts:° "A,A," the �I?. Logo. "A2Q7." a�d "ki� Contract CacuEnents" are 60 register�d tradsmarks ar:d ni: p nat i:a usad xiihcut pe3-mission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) .. 5, , > , � > a > > a � ' b' .Contractor stipulates and aerees that the Contract mav require Contractor to perform Work in contaminated soils and/or the abatement and remediation of certain Hazardous Materials as set forth and described herein and in the Contract Documents. Contractor aerees to take all necessary precautions to ensure the safetv of its emplovees and Subcontractors durin�performance ofthe Work and shall provide all appropriate personal protection ecLpment to each worker durin� exposure to anv contaminated soil or Hazardous Material. Contractor shall perform the Work in accordance with all applicable Laws, includin�, without limitation, the Federai Environmental Protection A�ency ("EPA") requirements, the Federal Occupational Safetv and Health Administration ("OSHA") requirements, applicable provisions of the Comprehensive Environmental Response, Compensation and Liabilitv Act ("CERCLA"l, and anv other agplicabie local, state or federal requirements. Contractor shall defend, indemnifv and hold harmless the Owner Indemnitees from and against all claims. actions. causes of action, demands, liabilities, dama�es, losses and expenses (includin�, without limitation, attornevs' fees paid or incurred by Owner Indemnitees and/or by anv other applicable �overnmental authoritv in connection with the settlement or defense of anv such claim, action, cause of action and/or demand) arisin� out of or in connection with the failure of Contractor, anv Subcontractor or any other person or entity for whom it or thev are liable or responsible to complv with the ` reauirements of this Contract with respect to performance of the Work in contaminated soil or Work with Hazardous Materials. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for �materials or substances the Contractor brings to the s}#�Proj,ect Site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for "�materials or substances required by the Contract Documents, except to the extent of the Contractor's fauit or negligence in the use and handling of such materials or substances. Contractar shall su�plv Owner, upon recLuest, documentation that all materials broueht to the Proiect Site are free and clear of environmental contamination. § 10.3.5 The Contractor shall r�:m'�..r�� +'�� n.,,�� 'efend, indemnifv and liold the Owner Indemnitees harmless for the cost and expense the Owner incurs (1) for remediation of a�hazardous materials or substances the Contractor brings to the s�e-Project Site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. This indemnification oblieation of Contractor includes. without limitation, the pavment of attornevs' fees, and shall survive acceptance of the Work and completion or termination, with or without cause, of tlie Contract. § 10.3.6 > � , 5 � ; . ontractor � ��will�� be responsible to utilize �all appropriate en�ineerin� controls (includin�, but not limited to, critical barriers, hepafiltered vacuums and dust pick-up systems, impermeable containers, etc.) and work methods to minimize fiber, lead or other Hazardous Materials released durin� handlin�, removal or disposai activities. Contractor shall conduct re�ular biolo�ical monitorin� and personal and area air sampling to verifv lead levels and fiber counts on all portions of the Proiect Contractor shall document its removal activities andprovide anv and all documentation relatin� to such removal to the Owner upon request. includine, but not limited to, documentation re�ardin� air samplin� data, Hazardous Waste manifests. disposal receipts, trainine certificates and �hotographs. Contractor will be responsible to provide all EPA, OSHA, and other monitorin�, as required bv applicabie Laws. § 10.3.7 Priorto commencine Work. the Contractor shall ensure that all workers are instructed in all aspects ofpersonal protection. work procedures, emer�ency evacuation procedures and the use of equipment, includin� procedures unique to the abatement Work required by this Contract. Contractor shall provide appropriate respiratory protection e�c uipment for each worker and insure usaee durin�potential exposure to any Hazardous Materials. Contractor shall have an adequate supplv of hepafilter elements or other necessary filter elements and spare parts on si�ht for all respirators in use, and ali respirators shall be chosen from amone those iointiv approved as beine acceptable for protection bv the Mine Safetv and Health Administration (MSHA1 and the National Institute for Occupational SafetY and Health (NIOSH). Contractor shall ensure that anv of its employees or Subcontractors, of whatever tier, shail wear approved respirators at all times whiie remediation and abatement work is underwav or while present in the work area. AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Iltit. American Institute of Architects. AII rights reserved. The'F.nierican €nstitu:e of A�nhitacts;" °Ai�,° the A:?, �oge, °A20i." anci "kiA Cantract Cacument�' ars 61 re�ister�c iradamarks ard n�: y no: iJe usad w'sthcut pennission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Orcler � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use oNy, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. UserPlotes: (1261389367) § 10.3.8 If Contractor encounters anv Hazardous Materials durine the performance of the Work (other than contaminated or Hazardous Materials which are the subject of the remediation work required bv the scope of Work, which include without limitation lead, Iead based materials, man�anese, aresenic, iron, benzo(b)fluoranthene, tetrachloroethene, benzo(a)anthracene, benzo(a)pyrene, bromomethane commonly known as methvi bromide, and indeno(1,2,3-cd)pyrene), Contractor shall, upon recosnizin� the condition, immediatelv suspend the Work in the affected area and shall notify Owner in writine of such occurrence. Contractor sliall not thereafter resume anv Work affected therebv until the Hazardous Materials are abated pursuant to the Owner's direction (which mav require that the abatement be performed bv a separate contractor licensed to perform such work). Contractor shall be oblieated to resume Work at the affected area of the Project Site only after Owner's environmental consultant provides Contractor with written certification that the hazardous conditions have been removed or rendered harmless. Owner shall indemnifv, defend and hold harmless Contractor, Subcontractors, anvone emploved directiv or indirectiv for anv of them, and their officers. directors, employees and aEents, from and against anv and all claims, losses, damaees, liabilities and expenses, arisine directly out of Owner's breach of its obliaations under this Section 10.3.8. In this re�ard, th�arties agree that Owner shall have no defense or indemni oblieations with reeard to claims. losses. dama�es, liabilities or expenses arisin� from unknown Hazardous Materials or known Hazardous Materials remediated bv Con#ractor, nor shall Owner have any defense or indemnitv obligations with re�ard to any claims, losses, dama�es. liabilities or expenses caused in whole or in part b�Contractor's conduct, neelieence, Eross neslisence or breach of its obli�ations under this Contract (includin�, but not limited to, those in this Section 10.3.8). § 10.3.9 Contractor acknowled�es that remediation of certain contaminated soils and Hazardous Materials, includine, without limitation. the remediation of lead, lead based materials, man�anese, aresenic, iron, benzo(b)fluoranthene, tetrachloroethene, benzo(alanthracene, benzo(a)�vrene, bromomethane commonlv known as methyl bromide, and indeno(1.2.3-cd)p.vrene; mav be included within Contractor's scope of Work. The Contractor shall perform anv excavation. remediation. abatement, disposal and repair Work in accordance with the requirements of this Contract and in accordance with applicable requirements of CERCLA, the EPA, and OSHA as well as any work pians approved or required bv them and/or anv other local, municipal, state or federal requirements, Laws or applicable institutional �uidelines relatins to the demolition, removal, disposal and handline of contaminated soiis and/or Hazardous Materials: In this reeard, Contractor shall provide in a proper and timely fashion a11 necessary notifications to anv and all relevant state and local authorities, and shali obtain and complv with the provisions of all permits or other a�plications required bv the Work, specified, as well as make all required submittals required under those auspices. No such Work in this reeard shall be commenced until such time as ali appropriate approvals have been obtained from all �overnmental authorities or a�encies havin�,iurisdiction over the Work required under this Contract. Contractor shall defend, indemnifv and hold harmless the Owner Indemnitees from and a�ainst all claims, actions, causes of action. demands, liabilities, damaees, losses and expenses, inciudin�; without limitation, attornevs' fees naid or incurred bv Owner Indemnitees, resultin� from the Contractor's failure to dischar�e, and/or breach of, its obli�ations under this Section. § 10.3.10 Contractor shall document its removal and disposal activities and provide anv and all documentation relatin� to such removal and dis.posal to the Owner's Representative and Owner's Consultant upon request, includine, but not limited to, hazardous waste manifests, disposal receipts, trainin� certificates and photo�raphs. Contractor will be responsible to provide ail personal asbestos monitorine or other monitorina and reportin� as required bv applicable Laws and/or the Contract Documents. Contractor acknowledees and asrees that Owner and/or Owner's consultant(s) mav collect and analvze onsite dailv air samples during asbestos abatement activities and air clearance samplin� after abatement activities are completed in each area ofthe Work as required b�pplicable Laws. Analvtical results will be compared to clearance requirements as specified in the Drawine and Specifications, and/or otherwise set forth in the Contract Documents. Contractor aerees that, as part of its Work, it shall coordinate and cooperate with Owner and Owner's consultants with respect to their collection and analvsis of the foreaoin� samples and other activities referred to in this Section 10.3.10. § 10.3.11 Contractor shall be solel �� responsible for all remediation, abatement and related demolition means, methods. techniaues, sequences, and procedures and for all safetv requirements, pro�rams, measures and precautions in connection with the Work. In this reQard. Contractor acknowled�es and agrees that anv review, discussion, observation, approval or comment by Owner (or an �}_representative of Owner, includine, but not limited to, Owner's consultants) with respect to such matters shall relate to and reflect only the Owner's �enerai information as to the nature and status of the Work bein�performed and shall not constitute a technical approval or acceptance bv Owner of (or anv assumption of liabilitv or responsibility bv Owner with respect to) anv means, methods, techniques, sequences AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tiie "Anierican Ens.itu:e of A3�chitects,° "AiA," ths AIA �ag�. °k20':." and "kIA Cantract Docwnents" are 62 registered tradamarks anv may na; oe used w;thcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12J06/2021, is not for resale, is Iice�sed for one-time use only, and may only be used in accorclance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) I or procedures and/or anv safetv requirements, pro�rams, measures and/or precautions, and shall not relieve, affect or diminish in any way Contractor's obli�ations and responsibilities for such matters as set forth herein. § 10.4 Emergencies In an emergency affecting safety of persons or properiy, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, ar loss. Additional compensation or e�ctension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 r��*��'� T��,.v�� a D��a��ONTRACTOR'S LIABIUTY INSURANCE § 11.1.1 The Contractor shall purchase �^a m �+�:� . ��' *w� *„^�� a �:�-:+.. ,.� i:.,w:i:,,, „+.,:.,:,,,, ,�,o , 5 ) f D ' • ' ) .from and maintain in a companv or companies ]awfully authorized to do business in the jurisdiction in which the Proiect is located and acceptable to Owner and FWHS, such insurance, in the amounts indicated in the Contract Documents as will protect the Contractor, Owner, and the Additional Insureds from Claims set forth below which mav arise out of ar result from the Contractor's operations and completed operations under the Contract and for which the Contractor mav be le�allY liable whether such operations be bv the Contractor, bv a Subcontractor, or bv anvone directiv or indirectl �Lpioved bv any of them, or bv anvone for whose acts anv of them may be liable: .1 Claims under workers' compensation, disabilitv benefit and other similar emplovee benefit acts that are a�plicable to the Work to be performed; .2 Claims for damages because of bodilv iniurv, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for dama�es because of bodil �}_injurv, sickness or disease, or death of anv person other than the Contractor's emplo�;, .4 Claims for dama�es insured bv usual personal injury ]iabilitv coveraee; .5 Claims for damages other than to the Work itself, because of iniury to or destruction of tan�ible propertv, including loss of use resultin� therefrom; ,6 Claims for dama�es because of bodil�Lurv. death of a person or prope dama�e arisin� out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodilv injury or propertv damatre arisina out of completed operations: and .8 Claims involvina contractual liabilitv insurance applicable to the Contractor's obli�ations under Section 3.18. § 11.1.2 The > insurance required bv Section 11.1.1 shall be written for not less than limits of liabili � specified in the Contract Documents or required bv law, whichever covera�e is ereater. Ail coveraees shall be maintained without interruption from the date of commencement of the Work until the date of Fina1 Pavment and termination of any coverase required to be maintained after Final Pavment, and, with respect to the Contractor's comnleted operations coveratre, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations covera�e as specified in the Contract Documents. & 11.1.2.1 The Iiabilitv insurance required bv this Article ] 1 shall inciude all major divisions of covera�e and be on a comprehensive basis includins: (il Premises Operations (includin� XC/U as applicable); (ii) Products and Completed Operations (iii) Personal Iniury Liability; (iv) Owned, leased. non-owned and hired motor vehicles automobile AIA DocumentA201�- 2017. Copyright m 1911, 19�5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Ir1it. qmerican Institute of Architects. Ail rights reserved. Ti7e':American !nstitu:e af A��chitecis;" "Aiti," tha A:P. Lago. "k20i." a�d "Ai� wor:tract Gacu�nenfs" are 63 register�d l.adsmarks and n�ay na: ue used wi:hout parmission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Docume�ts� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) liabilitv; (v) Umbrella Excess Liabilitv: and (vi) Contractor's Pollutant/Environmental Liabilitv. If Contractor cannot procure undereround liability (XC/t7) covera�e, such covera�e shall be procured and maintained bv each Subcontractor responsible for structural support, structural rehabiiitation and/or concrete work, and such covera�e shall be in the limits required below, shali protect the interests of the Owner and the Owner's ]enders in the Proiect and shall remain in effect throueh the duration of the applicable statute of repose. All insurance required bv this Contract (whether procured bv the Contractor or its Subcontractors), except Worker's Con�pensation, shall name all Owner Indemnitees, as defined in Section 3.18.1 above, as additional insureds (the "Additionallnsureds"). § 11.1.2.2 The coveraEes and limits of the Contractor's insurance required pursuant to Section 11.1 shali be not less than the followin�: �A) WORKMEN'S COMPENSATION: Applicable Federal. State Statutory Emplover's Liabilitv: Each Accident: $1.000 000 each accident Bodily Injurv: $1,000,000 potic lv imit Bodily Injury bv disease: $1,000.000 each emplo �}_ee If Yhe Project is located in a monopoiistic state, then Empiover's Liability requirement shall be met by use of Stop-Gan liabilitv covera�e under the General Liabilitv or other states Worker's Compensation policy. (Bl COMMERCIAL GENERAL LIABILITY: Insurance to protect aeainst claims for bodilv injury and propertv dama�e arisin� out of nremises operations (includin� explosion, collapse and under�round), products, and completed operations; and advertisin� and personal injury liabili . Completed Operations shall be maintained for the duration of the applicable statute of repose followine Project completion. Each Occurrence $2.000.000 General A.�,greeate $5,000,000 Personal Liabili (bodil�jurv), each occurrence $2.000.000 Personal & Advertisin� Injury $2,000,000 Fire Damaae $ 50 000 Medical Expense $ 5,000 ProductslCompleted Operations a��re�ate $5.000,000 (C) CONIMERCIAL AUTOMOBILE LIABILITY: Owned Leased Non-Owned and Hired � � Combined Sin�le Limit (Prope dama�e and contractual liability) $2,000,000 per occurrence Personal Liabili (Bodil ��Injurvl $2,000,000 per occurrence Personal Liabilitv Bodil �LInjurv) $2,000,000 a�ere�ate �D) UMBRELLA � LIABILITY: To be provided over the primary eeneral liabilitv; auYomobile liabilit� contractual liabilitv and emplover's liabilitY insurance policies. Each Occurrence $10 000 000 A,�reeate $10,000.000 (E) CONTRACTOR'S POLLUTANTBNVIRONMENTAL LIABILITY (with Moid riders) Each Occurrence $5 000 000 Ag,$reaate $5.000,000 § 11.1.3 ' b � b � > „., �� "� �.�:�w�a.Duplicate certificates of insurance and applicable endorsements acceptable to Owner and FWHS shall be filed with Owner and FWHS prior to commencement of the Work and thereafter upon renewai or replacement of each required policv of insurance. The certificates and the insurance policies required bv this Section 11.1 shall contain: (il a cross-liabilitv, severabilitv, or substantialiv similar clauses (ii) a provision that such policv and the coveraae evidenced thereby shall be primary and non-contributin� with respect to anv policies carried bv Owner AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Tiie "F.merican instituie ef Architects,° "R;A;° Ihe A;A Lage. "k20?," and "kIP, t:antract Gacuments" are 64 ;egisterzd trademarks an� n7ay nat L•� used w;thout permissian. This document was produced by AIA sofiware at 17:40:18 ET on 09/14/2021 u�der Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) and/or the Additional Insureds and that any coverase carried bv Owner and/or the Additional Insureds shall be solelv excess insurance; and (iii) and a provision that covera�es afforded under the policies will not be canceled except after the Owner and FWHS have received proper written notice of same as evidenced bv return receipt of a certified letter. The Contractor shali not cause anv insurance to be canceied or permit any insurance to lapse. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencin� in particular those insured and specificallv settin� forth evidence of ali covera�e required bv this Section I l.l, the location and the operations in which the insurance �plies, the expiration date, and notice of cancellation clause. The Contractor shall immediatelv furnish to Owner and FWHS copies of all endorsements that are subsequentiv issued amendine coveraee or limits. An additional certificate evidencins continuation of ]iability coveraee, includin� coverage for completed operations, shall be submitted with the final Application for Pavment as required bv Section 9.10.2 and thereafter upon renewal or replacement of such covera�e until the expiration of the time required by Section ll.1.2.2. Information concernin� reduction of covera�e on account of revised limits or claims paid under the General AeereQate, or both, shall be furnished bv the Contractor with reasonable �romptness. § 71.1.4 ' . b T � D > > D � b • b }�� ^�-*��^*^r ^��, �^^*��+.,^' �'�,;��:�� +� � .;a� ^ ��a ^ -��,All policies of insurance required to be carried hereunder shall be written on an occurrence basis bv insurance companies dulv licensed in the state in which the Proiect is located with a Best rating of not less than A-:VIII; however, Contractor acknowledaes and a�rees that Owner does not'in anv wav aaree that the above minimum insurer rating is sufficient to protect Contractor or Subcontractor from potential insolvency of such insurer. § 11.1.5 The Contractor's Pollutant/Environmental Liabili coveraae shall contain no exclusion for microbial matter, asbestos containinQ materials or lead based paint. The coverage shall include coveraee for blanket non-owned disposal sites, and covera e for pollution incidents related to transported car�o. The coveraee shall be primar .� contain no sharin�provisions. With the exception of the Microbial Matter covera�e, the coveraee should be provided on an occurrence basis § 11.2 Owner's Insurance � 1121 Th O h ll ■ r § . e wner s a , � � � . be responsible for purchasina and maintainin� the Owner's usual liabilitv insurance. § 11.2.2 . , > � , , . s > . , � > • b b ' > b b > �**�"�„*�",� +'��'� propertV (nsurance. Unless otherwise provided, the Owner sha11 purchase and maintain, in a - companv or companies lawfully authorized to do business in the jurisdiction in which the Proiect is located, propertv insurance written on a builder's risk "all-risk" or equivalent policv form in the amount of the initial GMP, plus the value of subsequent Contract Modifications and cost of materials supplied or installed bv others. comprisine total value for the entire Project at the Proiect Site on a replacement cost basis without optional deductibles. Such propertv insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise a�reed in writina bv all persons and entities who are beneficiaries of such insurance, until Final Pavment has been made as provided in Init. AIA Document A201°- 2017. Copyright OO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Americao Institute of Architects. AII rights reserved. Ti7e "Aniericar. institute ef A�-chitscts,' "A€r1;° the Ai? �age. "k201," and °NIA Contract Dacumenis" are 65 rsg;sterzd trademarks and n�ap naf i:� useci :vitheut permission. This document was produced by AIA software at 17:40:18 ET on 09114l2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accorda�ce with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. UserNotes: (1261389367) � � Section 9.10 or until no person or entitv other than the Owner has an insurable interest in the propertv required b�� Section I 1 2 2 to be covered whichever is later. This insurance shail include interests of the Owner the Contractor `{who shall be listed as an additionai insured) and, Subcontractors and Sub-subcontractors in the Proiect. Contractor acknowledaes and asrees that Owner's builder's risk insurance �olicy requires certain securitv measures (e.�., fencina, si�na�e=litrhtine, and after-hours securitv patrols and/or cameras with third-partv monitorin�) for the Proiect as further described in Exhibit J hereto, and that Contractor will be responsible, as part of the Work hereunder, for com�lvin� with all such requirements and for providin� and maintainin� all such securitv measures in �ood workin� order throu �hout the course of the Project. In this re�ard, Contractor acknowledses and aerees that Owner has en�a�ed ECAMSECURE, d/b/a GardaWorld ��Security ("Securitv Conszsltatit") to provide certain security services as set forth in the aareements attached as Exhibit J-1 hereto (collectively, the "Securitv Agreement"1 and aerees that Owner mav in its sole discretion elect to, transfer, assien, �rant, bar�ain; convev. set over. and deliver unto Contractor, its successors and assiens, Owner's ri�ht, title and interest, in, to and under the Securitv Aareement, toeether with ail other riehts, priviie�es or benefits belon,�in� to, or held bv Owner under the Securitv A�reement (specifically excludin� all rights of Owner related to pavment `thereunder) (the "Assigit»:ent") and in such event Contractor hereby a�rees to accept the foreQoine Assi�nment and assumes each and'eve�y obli�ation, dutv, term, provision and covenant of Owner under the Securit�Aareement {specifically excludin� Owner's payment obli�ations thereunder) (collectivelv, the "Obli�ations"), and aerees to observe and perform each of the ObliQations, and to discharee any and all Oblieations of Owner under the Securitv Agreement to be observed, performed and/or dischar�ed under the Securitv Aareement. In this reQard, and subject to the terms and conditions hereof, in the event of such an Assi�nment, Contractor a�rees to perform all of the Obli�ations of Owner owin� to Securitv Consultant pursuant to the terms and conditions of the Securitv Aereement in the same manner and to the same eatent as if Contractor and Securitv Consultant were the ori�inal parties thereto. For ��the avoidance of doubt, the Assi�nment and Contractor's acceptance of Owner's Oblieations shall constitute a full and complete assi�nment and assumption of all of Owner's ri�hts, title, interest and oblieations in, to and under the Securitv A�reement arisin� from and after the effective date of the Securitv A�reement fexcludin� Owner's pavment obli�ations and all riehts of Owner under law and/or the SecuritLAereement related thereto). Notwithstandine the foreeoin�anv election bv Owner to assiQn or not assi�n the Securitv A�reement to Contractor shall not, in anv wav, limit, waive or preclude Contractor's securi oblieations under this Section 11.2.2. § 11.2.2.1 Pronertv insurance shall be on an "all-risk" or equivalent policv form and shall inciude, without limitation, insurance a�ainst the periis of fire (with extended coverase) and phvsical loss or damaee includine. without duplication of coveraee, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testin� and startup, temporary buildin�s and debris removal inc(udin� demolition occasioned bv enforcement of anv applicable le�al requirements, and shall cover reasonable compensation for Architect's and Contractor's services and e�enses required as a result of such insured loss. § 11.2.2.2 Ifthe Owner does not intend to purchase such property insurance required by the Contract and with all of the coveraQes in the amount described above, the Owner shall so inform the Contractor in writin� prior to commencement ofthe Work. The Contractor may then effect insurance that wili protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and b a�ppropriate ChanQe Order the cost thereof shall be char�ed to the Owner. If the Contractor is damaeed bv the failure or neelect of the Owner to purchase or maintain insurance as described above, without so notifvin$ the Contractor in writine, then the Owner shall bear all reasonabie costs properlv attributable thereCo. & 11.2.2.3 If the propertv insurance requires deductibles, the Contractor shall pav costs not covered because of such deductibles except for claims arisin� from of Acts of God or Force Majeure (but onlv to the extent such Force Majeure is not the result of anv failure by Contractor to perform under anv of the Contract Documents), in which event Owner shall be responsible for the pavment of any such deductibles. & 11.2.2.4 This propertv insurance shall cover portions of the Work stored offthe Proiect Site, and also portions of the Work in transit. $11.2.2.5 Partial occupancv or use in accordance with Section 9.9 shall not commence until the insurance compan ��or companies providin�propertv insurance have consented to suchpartial occupancv or use bv a"permission to occupv" endorsement or otherwise. The Owner and the Contractor shall take reasonable ste�s to obtain consent of the insurance companv or companies and shall, without mutual written consent. take no action with respect to partial occupancy or AIA DocumentA201�- 2017. Copyright m 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. AII rights reserved. Ti7�':Aniei�icar. instituie ef A!'CI3Ei8cts;° "AlA," ihe AIA ! ogo. "ke0i." an� °FiIP, (: OY42(8CX CiOCUf;1f!�t�S�� are 66 �eg;sterzd t;adamarks and niay nai oe used :vi:hcut permissian. This documentwas produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) use that would cause cancellation, lapse or reduction of insurance. § 11.2.3 ' . � • b ' b ' � > b b > � > b b � � • b > b . n.,;�� +-��*„�, ��,:��*:�� *� � ,;a� � ��a : �.goiler and Machinery Insurance. The Owner shall D purchase and maintain boiler and machinery insurance required by the Contract Documents or by law. which shall specificallv cover such insured objects durin� installation and until final acceptance bv the Owner; this insurance shall include interests of the Owner, Contractar Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3 Waivers of Subrogatwn § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, aget�a�ents and employees, each ofthe other; (2) the ^��'��*�^* ^�a n r^'�:*�^*'� ��..'+��' ;��' , Owner's lenders, investors and mort�a�ees: and (31 the Architect, Architect's consultants, separate contractors described in Articie 6, if any, and any of their subcontractors, sub-subcontractors, age�s; �agents and employees, for damages caused by �� '�� '�� *� +�� .,+��""��'^^"�^ ^ ��`""' " "�'�" �' , fire or other causes of loss to the extent covered bv insurance obtained pursuant to subsections (A) and (Bl of Section 11.].2.2 above and this Section 11.3 or other insurance applicable to the Work, except such rights as they have to proceeds of such �� insurance held bv the Owner as loss �avee. As loss pavee, the Owner shall treat each interested part�fairlv and with �ood faith in resolvin� all matters related thereto. The Owner ar Contractor, as appropriate, sha11 require �� , , > • � b b . • `�,,'��^^*:^� T'�� .,�:-:�- �� ^f the Architect, Architect's consultants, separate contractors described in Article 6, if anv and the subcontractors, sub-subcontractors. a�ents and emplovees of any of them, b�ppropriate a�reements, written where 1e�all�required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subroeation bv endorsement or otherwise. A waiver of subrogation sha11 be effective as to a person or entity {-�-}even though that person or entity would otherwise have a duty of indemnification, ' contractual or otherwise, �'?` �• �� *'�^,.b" *'�^* ��^^� ^� ��*;�. aid not pay the insurance premium directly or indirectly, e�-(�-}-and whether or not the person or entity had an insurable interest in the a^m�� a��^��*��.propertv damaged. § 19.3.2 ' � ' > b f b b > > b � .Intentionallv Deleted. • , , , > > � , , . �5 � � � r.:.o ,. ;.+t,v.. w.,-,,...a.. i,,...,.,.>,,.. ,. oa § 11.4 Intentionallv Deleted. A�A DocumentA201m- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Ti7� "American ins:ituie �f Architects," "AiA,° fhe AIA Lage. "k�0�." and "AIA Contract Gxu�nenfs" are 67 �egistered t;adamarks ard n��v no: be used v,�ithaut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use oniy, and may only be used in accordance with the AIA Contract Docume�ts° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) $11.5 Adiustment and Settlement of Insured Loss § 11.5.1 A loss insured under *��-an�insurance required by the ^��ontract shall be adjusted by the Owner as �a��^�� a m^a� �.^'�'� *� +'�� n,,,��r ^^ �a„^;�� (oss pavee for the insureds, as their interests may appear, subject to the requirements of any appiicable mortgagee clause and of Section '' .�.`'. Tw� n.,.ror �w^" �^., *�,e ^��'�;*�^� ^�a �'^^*�^^*^� 11.5.3. Contractor shall pav Subcontractors their just shares of insurance proceeds received by the , b Contractor, and b�ppropriate atrreements, written where le�all�quired for validitv, shall require Subcontractors to make oayments to their Sub-subcontractors in simiiar manner. § 11.5.2 ' , . , . , • , b b b o e a ' b f b b �:The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such aereement as the parties in interest mav reach, or as determined in accordance with arbitration award or judement in which case the procedure shall be as provided in Article 15. If after such loss no other special aEreement is made'and unless the Owner terminates the Contract for convenience, replacement of dama�ed propertv shall be perforrned bv the Contractor after notification of a Chanae in the Work in accordance with Article 7. $ 11.5.3 The Owner as loss �a,vee shall have power to adiust and settle a loss with insurers unless one of the parties in �� interest shall obiect in writin� within five (5) days after occurrence of loss to the Owner's exercise of this power; if such obiection is made, the dispute shall be resolved asprovided in Article 15. The Owner as loss pavee shali, in the case of arbitration. make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds bv arbitration is required, the arbitrators will direct such distribution. § 11.6 Performance and Pavment Bonds § 11.6.1 The Owner shall have the riaht to require Contractor to furnish bonds coverin� faithful performance of the Contract and �avment of oblieations arisin� thereunder as stipulated in biddina requirements or specificall�quired in the Contract Documents on the date of execution of the Contract. § 11.6.2 Upon the request of anv person or entitv appearing to be a potential beneficiary of bonds coverin� pavment of oblieations arisin� under the Contract, the Contractor shall promptiv furnish a copv of the bonds or shall authorize a copy to be furnished. § 11.6.3 Contractor shall furnish separate performance and �avment bonds coverin� faithful performance of the Contract (or subcontract, as applicable) and pavment of obli�ations arisinQ thereunder each in a penal sum equal to one hundred percent (100%) of the GNIP (or subcontract price, as applicable) and issued bv a suretv acceptable to Owner and authorized to do business in the state where the Proiect is located. Except to the extent otherwise permitted bv Owner in writine, each bond shall name the Owner Indemnitees as co-oblieees. The Contractor sha11 require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a current certified copy of the power of attorne� The cost of the bonds shall be included in the GMP. The Contractor shall deliver the required bond(sl to Owner not later than the date the Contract is entered into, or ifthe Work is to be commenced prior thereto in response to a letter of intent, the Contractor shall, prior to commencement of the Work, submit evidence satisfactory to Owner that such bond(sl will be iurnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for *"� "��"�*��*'� �xamination and be repiaced at the Contractor's expense without change in the Contract Time. Init. AIA Document A201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Ti7e "Anierican instituie cf t�rchitects,°':�,Iri," t�e AIA Loge. "k20?." and "R+IA Contract Cacume�ts" are 68 ;egistsrec? #radematks artd n�ay rtai ae used ;�ithcut per�nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iice�sed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 12.1.2 If a portion of the Work has been covered that the Owner or Architect has not specifically requested to examine prior to its being covered, the Owner or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, *"� �'��*�^^*^� ^"^" '^� �^*�*'�a '� �� . osts of uncoverine and replacement shall, bv appropriate Chanee Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, , , ' e�such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused bv the Owner or a separate contractor in which event the Owner shall be responsible for pavment of such costs. S 12.1.3 Notwithstandin� anvthine to the contrary herein, in the event a concealed defect or latent defect is discovered more than one (Il vear afterthe date of Substantial Completion. the Owner shall report the discovery of such defective condition to Contractor and Contractor shall immediatelv take such action as may be necessary at Contractor's sole cost to correct such defective wQrk, subject to an�pplicable statutes of limitation. § 12.2 Correction of Work § 12.2.1 Before or After Substantial Completion The Contractor shall ��immediatelv correct Work rejected by the Architect or Owner as defective or failing to conform to the requirements of the Contract'�'��-��'� a:��..��a'�� Documents (includin�, without limitation, anv defective andlor nonconformin� Work, resultine from anv defects, omissions or failure in workmanship or materiall, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one l�year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Sec#ion 9.9.1, or by terms of any ��'��"'� � �' � �+�� r�a ti�� +k��....«...,,.+,, .............+.. other'warrantv, any of the Work is found to be not in accordance with the requirements of the Contract ��s; Documents or defective, the Contractar shail correct it ��-immediatelv after receipt of written notice from the Owner to do ; �' . o. The Owner shall give such notice �-after discovery of the condition. TM�r;�a *'�� ^� .�� :�a �^� ^^�r�^';^� ^f ,� � '� . If the Contractor fails to correct nonconforming Work within ��^^^�^'�'� *:m� a..�;��-'"^* ��:^a thirtv (30) days (or earlier if the condition involves damaee to persons or �ropertv) after receipt of notice from the Owner or Architect, the Owner may correct �* �^ �^^��a�^�� •��'� C��+��~ ?.�.the work in accordance with Section 2.5 and all related costs shall be at the Contractor's expense. § 12.2.2.2 The e�e-�e�-one (1) vear period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the W�I�Work, except with respect to minor and/or de minimis items. § 12.2.2.3 The e�ea�-one (1) year period for correction of Work shall �e�-be extended by corrective Work �� performed by the Contractor pursuant to this �� :Section 12.2. except with respect to minor and/or de minimis items. § 12.2.3 The Contractor shail remove from t�ie s�Proiect Site portions of the Work that are not in accordance with the requirements of the Contract Documents and that are neither corrected by the Contractor nor accepted by the Owner. §'12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or �e�e r'^��separate contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the e�e�ea�-one (l )year period AIA Document A201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 a�d 2017 by The Init. American Institute of Architects. AII rights reserved. Tii� "American institute ef ki�chitacts:° "F�fA,° the A;A La�a. "A20i," and °kIP. Cantract Cacurnents" ars 69 registered trademarks and n�ay r�a: ile used wifheut pe��nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may oniy be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removai and correction, in which case the r��+�^^* c„-� r=Mi' will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not �a�l-�er�-Final Pavment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is '��*�a, ��^'„a:^^ *"^* ;,,r;�a;^+:^^>� • � • `� ,:w;«,..,.;;.,, n ,.+ ..�,.,ia ,� ,�, co,.t;,,,, , c.^.located. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole or in oart without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, upon ten (10) calendar days prior written notice to Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate *"� ^_::�_�m��'such assi�nment. In addition, the Owner and Contractor a�ree that the Owner mav assi�n this Contract to another enti as desisnated Owner if such entitv is an affiliate to Owner or is an enti in which Owner or an affiliate of Owner will be a partner or ioint venturer. In the event of such assi�nment, the Contractor a�rees to continue to perform in accordance with the terms of this Contract without anv increase in the fees or charees set forth herein.. § 13.3 D:�"*� �„a D�.~�a:��Written Notice Written notice shall be deemed to have been dulv served if delivered in person to the individual, to a member of the firm or entitv or to an officer of the corporation for which it was intended; or if delivered at, or sent bv re�istered or certified mail or bv courier service �rovidin�roof of delivery to, the last business address known to the partv eivine notice. � � � b > b > > � . . > > L, ., t, +I,ore.,,,.io,- �� o..t ., .�4.0 � ..;f...,lt.. ., 00.7 , ,-:t;,�n > 5• § 13.4 T��*� ��a T��*:��Riqhts and Remedies § 13.4.1 , ' , > > > b . > D > > b � f > > • . � � • b � ' b � '.Duties and oblieations imposed bv the AIA DocumentA201�- 2017. Copyright0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Tiie':An�ericar. ins;itufe af Architacts," "A;A," fhe AiA Lo�e. "k20'1." a�t� °kl? Gantract Gacumenfs' are 70 regis#er�c trademarks and n�ay not i;e used wifhout permissio�. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Docume�ts° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Contract Documents and rishts and remedies avaiiable thereunder shall be in addition to and not a limitation of duties, obliQations, ri�hts, and remedies otherwise imposed or available bv law. § 13.4.2 , , � �� b> > • • > > b b> > > > �+ ,. .:a�a . co,.,:,,,, ,� ��..�,.,n �e .,+ +�,o n„>„o �No action or failure to act bv the Owner, .., �� Architect or Contractor�shall constitute a waiver of a rieht or dutv afforded them under the Contract, nor shali such action or failure to act constitute approvai of or acquiescence in a breach thereunder, except as mav be specifically aereed in writinE, except as otherwise expressl�provided herein. § 13.5 Tests and Inspections § 13.5.1 Tests, inspections and approvals of portions of the Wark shall be made as required bv the Contract Documents and by applicable Laws. Unless otherwise provided, the Contractor shall make arran�ements for such tests, inspections and approvals with an independent testin� iaboratory or entitv acceptable to the Owner, or with the appropriate public'authoritv, and shall bear all related costs of tests. inspections and approvals. The Contractor shall �� ive�the Architect�timely notice of when and where tests and inspections are to be made so that the Architect mav be ' present far such procedures.'The Owner shall bear costs of (1) tests, inspections or approvals that do not become §'13.5.2 If the Architect, Owner or public authorities having,,,�'urisdiction determine that portions of the Work require 'additional testin�, inspection or approval not included under Section 13.5.1, the Architect wili, upon written authorization from the Owner, instruct the Contractor to make arran�ements for such additional testin�, inspection or � ro� val bv an entitv acceptable to the Owner, and the Contractor shall eive timelv notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3; slialt be at the Owner's expense. & 13.5.3 If the procedures for testinQ, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established bv the Contract Documents, all costs made necessary bv such' failure includin� those of repeated procedures and compensation for the ArchitecYs services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testine, inspection or approval shall, unless otherwise required bv the Contract Documents, be secured bv the Contractor and promptiv delivered to the Architect. ' § 13.5.5 If the Architect is to observe tests, inspections or approvals required bv the Contract Documents, the Architect will do so promptiv and, where practicabie, at the normai place of testine. & 13.5.6 Tests'or inspections conducted pursuant to the Contract Documents shall be made promptiv to avoid unreasonable delav in the Work. �� § 13.6 Interest All monies not paid when due as provided in Article 9 or elsewhere in the Contract Documents shall accrue simple interest from the date �avment is due, at the from the prime rate of interest aspublished bv The Wall Street Journal on the date such monies first became due. 6 13.7 Audit Riqhts The Contractor shall maintain and produce, and shall require Subcontractors to maintain and produce, any and all data which the Owner ma�quest for anypurpose of determinin� the correctness and allowabilitv of the char�es made pursuant to the Contract includin� all items in the Cost of the Work and in anv Chan�e Order. The Contractor shall keep, and shall require all Subcontractors to keep such full and detailed accounts as mav be necessary to reflect its �erations with respect to such char�es, and the system adopted shall be such as is satisfactory to the Owner. The Owner, its lenders, accountants, a�ents and emplovees. HUD, the Comptroller General of the United States or anv of their duly authorized representatives, shall be afforded access at all reasonable times, and permitted to make copies, AIA DocumentA201�- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Ti7e':Am�rir.zn. ins:ituie of A3�chitects:" "F,iA," the A;A Lag�. "k2Qi," and "kiA Cantract Gacurnenfs" are 71 registarec trad�marKs ard n��y na: oe used v,riihaui permissi�n. This docume�t was produced by AIA software at 17:40:18 ET on 09/14l2021 under Order � No.3418314441 which expires o� 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) audit and examine the Contractor's and Subcontractor's books, correspondence. instructions, receipts, vouchers, memoranda subcontracts purchase orders and records of all kinds, relatine to all Work under the Contract as well as to chanses in the Work and extras. In re�ard to the foreeoin� and �enerally, the Contractor herebv authorizes the Owner and shall require all Subcontractors to authorize the Owner, to check directiv with all Subcontractors, as to the charees for av labor material and other items appearine in the Contractor's bills rendered to the Owner and the balances due on such char�es and to obtain sworn statements and waivers of lien from anv such suppliers. Upon completion of the Project Owner shall have the ri�ht (at Owner's cost) to audit the books and records of the ' Contractor and its Subcontractors in order to verifv the Cost of the Work as represented bv the Contractor in its Appiications for Pavment All records relatina to the Project includin� all records required bv this Section 13.7 shall be preserved for a period of four (4) vears after Final Pavment far such lon�er period as mav be required bv law In addition. the Contractor shall provide and shall cause each Subcontractor to provide to Owner copies of all third pariv `�repared audits reviews compilations or other reports of the books and records of the Contractor or any Subcontractor concernin� the Project within thirtv (301 days of the issuance thereof. Such documents will include, but not be limited to ali audits, reviews' or compilations concernin� compliance with low-income housin� tax credit requirements, the a�muai audit or review submitted to the low-income housine tax credit investor, and the final tax credit certification. § 13.8 Confidentialitv § 13.8.1 In addition to Contractor's other confidentialitv obii�ations pursuant to the Contract Documents, Contractor shall com�ly with and shall cause all Subcontractors to com�l,v with the terms of this Section 13.8. each to the extent �plicable. § 13 8 2 All data reeardless of form includine orieinais ima�es and reproductions �repared bv obtained by or transmitted to the Contractor bv Owner in connection with the Contract Documents is confidential, uronrietary information owned bv Owner. Except as specificallyprovided in this Contract, the Contractor shail not disclose data transmitted to or �enerated by the Contractor in the �erformance of the Work to anv third person without the �rior written consent of Owner:' § 13 8 3 Personal identifvin� information financial account information or restricted Owner information whether electronic format or hard copv must be secured and protected at all times to avoid unauthorized access. At a minimum, the Contractor must encr�pt and/or password-protect electronic files This includes data saved to laptop computers. computerized devices or removable stora�e devices. § 13 8 4 When personal' identi in� information financial account information or restricted Owner information , xeeardless of its format is no lon�er necessary the information must be redacted or destroved throueh appropriate and 'i secure methods that ensure the information cannot be viewed accessed or reconstructed. � ^ . . b� � � . . . .�. � ', � � L.e �..+ *L,o ('..«4.-.,..1-...->n�.e � . . $ 13.8.5 In the event that data collected or obtained bv the Contractor in connection with the Contract is believed to have been compromised `the Contractor shail notifv Owner immediatelv. The Contractor aerees to reimburse Owner for anv costs incurred bv Owner to investi�ate potentiai breaches of this data and, where applicable. the cost of notifvin� individuals who mav be impacted bv the breach. § 13 8 6 The Contractor a�rees that the requirements of this Section 13.8 shall be incorporated into all subcontract a�reements entered into by the Contractor. It is further a�reed that a violation of this Section 13.8 shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section 13.8 mav result in immediate termination of the Contract without notice. b> > > Tl �4 1.�� 0.7 t..r 41,0 !`..,,+« nf.. .+.�t «. «+1. .7eli o.i 4�,+1,a Arrt�it�� . § 13 8 7 The Contractor shall indemnifv defend save and hold harmless Owner. McCormack Baron Salazar, Inc., McCormack Baron Saiazar Development, Inc. and their officers, officials, agents, and emplovees from and a�ainst anv and all claims, actions liabilities damaaes, losses, or expenses (includin� court costs, attornevs' fees, and cost of (llit. AIA DocumentA201�- 2077. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. Ti7e "F,mericzn €ns:itu!e ef A��chitecYs,° "A3A," the AiA Logo. "k20'i." anci 'kl?, Contrect Gocuments" are 72 registere� tradsmarks and n�ay naf c2 used .vi=.hcuf per�nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Orcler / No.3418314441 which expires on 12/O6/2021, is not for resale, is licensed for one-6me use only, and may only be used in accordance with the AIA Contract Documentsm Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) claims processine, investi�ation and litieation) for anv loss caused, or alle�ed to be caused, in whole or in part, bv the Contractor's, anv Subcontractor's or anv of their owners', officers', directors', agents' or emplovees' failure to comel,y with the requirements of this Section 13.8. This indemnitv includes anv claim arisin� out of the failure of the Contractor to conform to anv federal, state or local law, statute, ordinance, rule, re�ulation or court decree. § 13.8.8 The oblisations of Contractor under this Section 13.8 shall survive anv termination of the Contract. .. > > , > > a• . . ..l.to��,ial..., :., rl,e Zx7,.rL § 13.9 Severability In case any one or more provisions set forth in the Contract Documents or the application thereof to anv person or circumstances shall for an,y_reason be held invalid, i11eQa1 or unenforceable in anv respect, anv such invaliditv, illeeaiitv, or unenforceabilitv shall not affect anv other provision of the Contract Documents or the application of such provisions to other persons or circwnstances, and the Contract Documents shall be enforced to the �reatest extent permitted by law. §�� D > > b § 13.10 Modifications to be in Writinq No oral order, obiection, claim or notice b��anv partv to the other shall affect or modifv anv of the terms or oblieations contained in any of the Contract Documents, and none of the provisions ofthe Contract Documents shall be held to be waived or modified bv reason of any act whatsoever other than by a Modification. as defined in Section ].1.1 above, and no evidence shall be introduced in anyproceedin� of anv waiver of Modification. § 13.11 Counterparts The Contract Documents mav be executed in anv number of counterparts, and each of such counterparts for all purposes shall be deemed to be an orieinal, and all of such counterparts shall constitute one and the same aQreement. § 13.12 Additional Contract Provisions Required by Law The Contract provisions required bY law are incorporated herein by reference. § 13.13 Additional Documents Sublect to Section 1:1.2.4, the Contractor a�rees to provide and execute such additional forms and documents as required bv any Lender or applicable eovernmental entities for financin� on the Proiect, in such farm as is acceptable to such Lender and/or eovernmental entities. § 13.14 Financing Continqencv Notwithstandine anvthin� herein to the contrarv, if executed prior to Owner's closin� on the financin� required for the Proiect, this Contract, includine all of its reciprocai oblisations on Owner and Contractor, shall be expresslv contineent upon Owner's access to available financin�, loans or other financial arraneements intended to fund this Project and to allow the Owner to discharge its obli�ations, and disbursement to Owner (or disbursin� a�ent, if applicablei of all funds anticipated in connection therewith. 613.15 LAWS Contractor shall, and shall cause all Subcontractors performin� Work on the Proiect to. (il complv with all federal. state, territory or local laws, statutes, ordinances. buildin� codes, rules, reeulations, permits or other authorizations, approvals and/or requirements (collectively, "Laws") applicable to the Work, includine, but not limited to, the Americans with Disabiiities Act ("ADA") (includina, without limitation, the 2010 ADA Standards for Accessible Desi�n promuleated thereunder (collectivelv, the "ADA Statrdards"1), the Uniform Federal Accessibilitv Standards, as pubiished in the Federal Reeister, and the federal Fair Housing Act, any state-, territorv- and/or local-law Init. AIA DocumentA201�- 2017. Copyright01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. T�e'American ins:ituie �f Arohitscts;" "f�lA,° Ehe AiA Lag�. "k2Gi," an� "AI� t;an4rflct Cacuments" are 73 regisfered t;ademarks and mav nat ee ussd v�ithcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Orcler � No.3418314441 which expires on 12/06/2021, is not for resale, is (icensed for one-time use only, a�d may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) �uivalents and ail re�ulations promu(eated under anv ofthe foresoine and (iil perform the Work in compiiance, in all respects, with applicable Laws. Contractor expresslv acknowled�es that the Proiect involves the desi�n and construction of facilities that the Owner believes are "Public Accommodations" under the ADA and should be �� coi�structed in accordance with the current and applicable �hvsicai accessibilitv requirements set forth in the ADA, the ADA Standards and its or their Accessibilitv Guidelines, and the Uniform Federal Accessibilitv Standards as set forth in the Federal Re�ister, unless otherwise directed in writine bv Owner. Contractor a�rees that it shall be held resaonsible for any Work that is in violation of, or not in compliance with applicable Laws. § 13.16 SWPPP Contractor acknowledees and a�rees that anv Workperformed pursuant to this Contract that involves anv movement, disturbance, removal, disposal or other displacement of the earth or soil at the site must complv with ali Laws relatin� to dust controL storm'water discharges or the control of erosion or sediment discharees from construction projects (collectivelv; the "Dust arrd Storm Water Requiremetrts"). Contractor further acknowledees and aarees that part of its Work hereunder includes compliance with a comprehensive Storm Water Pollution Prevention Plan developed for the Projecf ("SWPPP"1. Qovernine storm water discharees and the control of erosion or sediment dischar�es from construction operations. Ail construction and other Work performed pursuant to this Contract that involves anv movement;`disturbance, removal, disposai or other displacement of the earth or soil at the site shali complv with such SWPPP: Gontractor shall'comply with all rec�uirements set forth in the SWPPP, and shall promptly inform Architect and Owner in the event Contractor discovers that an t�} hin� set forth in the SWPPP is not in compliance with applicable ' Laws. `Contractor'shall perform no construction Work on the SWPPP until Owner has instructed the Contractor, in writin�, to proceed #herewith. All construction and related Work in connection with the SWPPP shall be provided in accordance with the final SWPPP Construction Documents. In this re�ard, consistent with the EPA General Permit, the Texas Gommission on Environmental Ouality (TCEO) eeneral permit and the SWPPP, tlie Contractor shall be res�onsible for installine and maintainins all dust, erosion and sediment controls (or storm water best practicesl relatin� to its Work. Contractor a�rees that it witl retain in files that are readily accessible all records required bv such applicable Laws and Dust and Storm Water Requirements applicabie to its Work, for a minimum of five (5) vears, or for such lon�er time as mav be required by applicable Laws or Dust and Storm Water Requirements. Such records shall; without limitation; include all erosion and sediment control drawings, and all reports of inspection of anv storm water controls installed bv Contractor. Contractor shall, at anv time, upon request of the Owner provide the Owner with copies of any and all such records. § 13.17 The Davis Bacon Act Contractor acknowledEes that the Proiect is subject to federal, local, and state prevailin� waQe laws, includin�, without limitation. The Davis Bacon Act (40 U.S.C. � 3141-31481, and aerees to complv, and to ensure fhat all Subcontractors com�l,v,'with all such laws. Contractor shall ensure that all persons providine Work for the Project {whether under direct contract with Contractor or with its Subcontractors of anv tier) are compensated for "straieht-time° �at hourly rates iiot'less than the waQe required under the most current Davis Bacon waQe decision. Contractor shall furnish to Owner, upon Owner's request, anv forms, papers, payroll copies, or any other information or documentation that ma b�quired to show Contractor's (and anv Subcontractor'sl compliance with such laws. § 13.18 MBEIWBE; SECTION 3 Contractor shall submit certified,�avrolls to Owner and, to the extent reguired by law or bv Owner, HUD, the Citv, and/or anv other lender, fundine source or other �overnmentai or other entitv as mav be reasonablLrequired, which ,pavrolis shall be grouped on a weekiy basis and in a form acceptable to Owner. Contractor shall submit to Owner a plan for MBEiWBE participation and Section 3 hirine and business participation as required bv Owner. Without ', limitine anv other requirement of the Contract Documents. Contractor shall also submit monthlv reportinQ on pro�ress made on the MBE/WBE and Section 3 plan, with both the p]an and the reportin� completed on forms provided and approved bv Owner, HLJD, the Citv, and anv other lender, fundin� source or other applicable �overnmental authority as required. Contractor shall employ its best efforts to use local vendors, suppliers, contractors and laborers when ' available and feasible. ' § 13.19 Labor Laws IContractor warrants that it is and will remain in compliance with all federal, state, territorial and local labor and ', immieration laws, reeulations and requirements (°Labor Laws"), includine those of U.S. Department of Homeland � Securitv (DHS) and U.S. Citizenship and Immi�ration Services (USCIS), re�ardin� all personnel retained bY Contractor or any Subcontractors who wili be �roviding work, labor, services, materials or equinment to the Proiect. I This includes but is not limited to, the proper processina. storaee and retention of required USCIS Form I-9s. the AIA DocumentA201°- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American institute of Architects. AII rights reserved. Tiie "F.meric3r. ':nsiitute af A��chitects," "RiA," the A!A Loge. "A2�"s," an� "ki� Cantract Cacumenfs" are 74 r�gisterec trademarks ar:d n�ay not i.e used wifhout permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use oniy, and may o�ly be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) examination of required documentation, and the confirmation of appropriated evidence reflectin� the identitv and emplovment eli�ibilitv of each worker performing any portion of the Work (in such form and at such times as are required bv applicable Laws), and compliance with all visa laws and re2ulations. Additionally, Contractor will maintain at the Project Site records required bv the USCIS, includin� records of anv postin� requirements under H-1 visa re�uiations. Contractor herebv indemnifies and hoids Owner harmless from and aeainst anv losses arisin� out of Contractor's failure to complv with all applicable Laws, re�ulations and requirements related to Contractor's or anv Subcontractor's use of non-U.S. citizens to perform or supplv work, labor, services, materials or equipment to the Proiect. The Contractor will retain anv and all documentation relating to its compliance with immieration laws, reeulations and requirements for five (51 vears after termination of the Contract or completion of all Work. $ 13.20 Proiect Database Contractor acknowledees that Owner has en�aeed Procore as an independent, third-partv vendor to maintain a cloud-based data-storaee proeram for the Project (the "Project Database") for purposes of storinQ, indexin� and trackin� the Pro�ect Documents (defined belowl. The Project Database shall include, without limitation, all desian documents, construction documents, Contract Documents, Contractor's Appiications for Payment, the Architect's pavment certifications, and all submittals required by any of the fore�oins (collectively, the "Prolect Docufnertts"l. Contractor a�rees that Owner and Architect shall have access to the Proiect Database and Contractor shall cooperate in eood faith with Owner and Owner's third-partv vendor in the construction of the Proiect Database, and in this re�ard, shall submit, and shall cause ail Subcontractars to submit, all Project Documents (as applicable to the Contractor and the Subcontractorsl to the Project Database on a timeiv basis. Contractor a�rees that it and the Subcontractors shall utilize the Proiect Database for all submittals and approvals required under this A�reement. § 13.21 Sustainabilitv Certifications Contractor ex�resslv acknowledees that Owner intends to achieve Enterprise Green Communities Criteria (EGC) 2020 (or such newer version of ECG, if a�plicable) standards and certification, ENERGY STAR for Homes (ES) certification and such other, if any, related ener�v-efficiencvi certifications required bv Owner and for which the Contract Documents include criteria for such certification(sl. Contractor represents and warrants that Contractor has experience in the constnzction of improvements substantiallv simiiar to this Proiect and that Owner has reasonablv relied on such representations in enterina into the Contract. Without limitation of anvthin� in the Contract Documents Contractor`shall perform the Work in compliance with related requirements or practices. Contractor agrees to cooperate with the Architect and any other consultant of Owner in connection with the Architect's and/or such consultant's responsibilities and obliQations to the Owner for monitoring the construction of the Work for its compliance with criteria, achievine the� final list of desired tax or similar benefits or credits, and collectin� anv and ali information required for submittals ofthe certification packaees. Contractor shall be liable to Owner for anv dama�es. losses, or expenses related to failure to obtain certification for the Project to the extent caused in anv wa�x Contractor, the Subcontractors, anvone directiv or indirectly emplo�v them or anvone for whose acts thev mav be liable, includin� without limitation, dama2es, losses or expenses for loss of income or profits, inabiliiy to realize potential reductions in operatine maintenance or other related costs, taxes or similar benefits or credits, marketin� o�portunities and other similar opportunities or benefits. & 13.22 Existinq Housinq Contractor acknowledees that the existing Cavile housin� development (°Existing Housing"1 proximate to and abuttin� the Project Site will be occupied durin�performance of the Work. Contractor further acknowledaes and aerees that the Work must be com�leted in a clean and orderlv manner so as not to unreasonably interfere with the normal operations of the surroundin� propertv and the da -ty o-dav activities of the tenants and emplovees at the Existin� HousinQ site, including, but not limited to, parkin�plav areas, trash pick-up, and mail deliverv. Safetv of all persons and propertv at the Project Site and Existin� Housine site, includins all tenants and emplovees, are a prime concern, and Contractor shall emplov all necessary safetv control measures to prevent any iniury or dama�e to persons or property in the vicinitv of the Work. Contractor shall provide written notice to Owner, sufficientiv in advance, of anv disruption of the normal o�erations of and/or services to the Existin� Housin�, includin�, without limitation, anv interruptions to utilitv services, to ensure that Contractor's performance of the Work does not unreasonablv inconvenience �residents of the Existin� Housing. Contractor a�rees that it will complv, and will cause all of its subcontractors, vendors and consultants to complv, to the extent applicable, with all rules and requirements implemented bv Owner relatin� to the Proiect, and all other reasonabie rec�uests of Owner with respect to such Work, without any additionai compensation or extension of the Contract Time. Without limitin� the fore�oina, Contractor shall also coordinate the performance of the Work with anv resident relocations bein� performed or to be performed bv Owner in connection with the Work. AIA Document A201�- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Ti7e "!,n7erican Enstitu:e ef.4��chitects," "AiA," :he ASA Lago. "H2L�1." an� "kIA Contract �,acu�nents" are 75 registerec': ttademarks ard n�ay no: i:e used wifhout permissiar�. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 13.23 Citv Public Improvements Work Contractor acknowledEes that the Work required bv this Contract includes the construction of certain water, sewer and other public improvements work as further set forth and described in the Contract Documents, inciudin�, without limitation, the "Project Manual" which is incorporated herein bv reference and a table of contents for which is attached hereto as Exhibit M-2 (the "PI Work"). Contractor further acknowled�es and a�rees that it shall perform, or cause to be performed, ali PI Work in accordance with the Contract Documents, includin�, without limitation, all requirements applicable to Contractor's performance of the PI Work as set forth in the Communitv Facilities A�reement attached hereto as Exhibit M, the Standard Citv Conditions attached hereto as Exhibit M-1 and the Project Manual. Contractor understands and a�rees that all PI Work shall be performed bv properly licensed Subcontractors in accordance with all requirements of the Citv and that anv subcontracts which include the performance of anv PI Work shall incorporate bv reference and require such Subcontractors to perform the Work in strict accordance with all applicable requirements set forth Exhibits M, M-1 hereto and the Proiect Manual {collectivelv the "PI Work Documents"). In this re�ard, Contractor further acknowled�es and a�rees that. among other thin�s, it shall: fil in accordance with the PI Work Documents, promptly furnish to Owner and the City, payment and performance bonds and maintance bonds, certificates of insurance, worker's compensation forms, si�ned bid(s), bidder's pre�ualification listin� all applicable Subcontractors. and anv other forms required bv the PI Work Documents; (ii) Contractor shall be identified as the °Contractor" under all applicable PI Work Documents with respect to all PI Work required thereb :�promptiv furnish to Owner and the Citv. a copy of ali fully executed subcontract(s) �with its Subcontractor(sl responsible for performin� any PI Work: and (ivl promptly furnish to Owner and the City. 'a copv of all PI Work Subcontractors' certificates of insurance and worker's compensations forms. In �addition, with respect to��the PI Wark, Contractor aerees that it shall indemnify, defend and hold harmless the Ci its officers. asents and employees from and aQainst anv and all claims, suits or causes of action of any nature whatsoever. whether reat or asserted, broueht for or on account of an�juries or damaees to persons or propertv, includins death, resultina from, or in am way connected with, the construction of the improvements contemplated bv the PI Work Documents. Further, Contractor aarees it shail indemnify, defend, and hold harmless the Citv for anv losses, dama�es, costs or expenses suffered bv the City or caused as a result of Contractors' faiiure to complete all PI Work and construct the PI Work improvements in a eood and workmanlike manner, free from defects, in conformance with all applicable Laws includin�, without limitation, the CommunitY Facilities A�reements Ordinance promui�ated bv the Citv and in accordance with all plans and s�ecifications related to the PI Work as set forth in the Contract Documents. § 13.24 HUD Rules Without lirnitation of an ty hin� in the Contract Documents, Contractor shall complv with all rules, requirements and other Laws applicable to the Proiect established or imposed bv HiJD and/or its divisions or departments, includin�, without limitation. the followine: HUD Trainin�. Emplovment and Contractine Opportunities (Section 3); HUD Equal Emplovment O�portunities; and HUD-Federal Labor Standards Provisions. Contractor shall execute such certiftcations in this re�ard as mav be reasonablv required by Owner, its lenders. HCJD, the Citv, FWHS. or any other �overnmental authoritv with jurisdiction over the Project or as otherwise required bv applicable Laws. Furthermore, Contractor acknowledses that'where these General Conditions make specific reference to any H[JD forms or documents such references shail be deemed to mean the latest versions of such documents or anv successor documents thereto, as the case ma� $13.25 Contractor Debarment Contractor certifies that neither it nor an o�principals are presentiv debarred, suspended, proposed for debarment, declared inelieible, or otherwise excluded from partic�ation in contracts bv anv Federal department or a�encv or the Comptroiler GeneraL Contractor shail execute such certifications in this reeard as mav be reasonablv required bv Owner its lenders, HUD. FWHS, or any other eovernmental authoritv with^jurisdiction over the Proiect or as otherwise required bv appiicable Laws. § 13.26 Other Requirements Contractor further acknowied�es and a�rees to provide and/or complv with the followin� provisions that mav be required bv HIID, the City, and/or any other applicable �overnmental authorities or entities with iurisdiction over the Project mav require additional terms, conditions and provisions to be added to this A�reement, these General Conditions and/or the other Contract Documents. Such entities/authorities mav aiso require exhibits to be incorporated into the Contract Documents, or otherwise executed, bv Contractor and/or Owner. Init. AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 197Q 1976, 1987, 1997, 2007 and 2017 by The American institute of Architects. AII rights reserved. TEie':American insttuis of A��cFitscts,° "AiA," the AiA �ogo. "A'L03." and °kiA. Contract Cacuments' are 76 regis#ereri tradamarks ar:d n2=y na� be ussd ;nrithcut permissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) (A) All proiect principals, as defined bv HUD ProQram Obli�ations, are subject to form HI1D-2530 Previous Participation Clearance requirements. A closing date wil] not be set until appropriate clearance is obtained for all participants. �B) Should toxic substances and/or undereround storaee tanks be discovered durin� improvements, Contractor shall immediatelv notifv Owner and HIJD's Director of Operations and the Re�ion VI Environmental Staf£ Anv other third parties (includin� other �overnment aeencies) must be notified in accordance with applicabie local, state, and federal laws. HUD must be afforded the opportunity to review and comment on any proposed remediation plan. (C) Contractor shall complv with all provisions ofthe Contract Work Hours and Safety Standards Act (40 U.S.C. 32'7-333), and the Federal Labor Standards Provisions, U.S. Department of Housing and Urban Development form �� HUD-4010. Contractor shall comply with all applicable federal, state and local labor laws. (D) Contractor shall emplov its best efforts to use local vendors, supuliers, contractors and laborers when available and feasible. {E) If a�piicable. Contractor and Owner shall ensure compliance with the requirements of Section 3 of the � Housin� and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u) (hereinafter "Section 3"). (il The purpose of Section 3 is to ensure that emplovment and other economic opportunities �enerated by HUD assistance or HUD-assisted Developments covered bv Section 3. shall, to the �reatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HCJD assistance for housina. (iii The parties to this contract a�ree to complv with HCTD's re�ulations in 24 CFR Part 135, which � implement Section 3. As evidenced bv their execution of this contract, the parties to this contract certifv that �they are under no contractual or other impediment that would prevent them from complvine with the part 135 reeulations. (iii) Contractor aQrees to send to each labor oreanization ar representative of workers with which Contractor has a collective bargainin�a�reement or other understandine, if anv, a notice advisine the labor or�anization or workers' representative of Contractor's commitments under this Section 3 clause, and wili post copies of the notice in conspicuous places at the work site where both emplovees and applicants for training and emplovment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and trainin� positions, the qualifications for each; and the name and location of the person(sl takin� applications for each of the positions: and the anticipated date the work shall be�in. (ivl Contractor aerees to include this Section 3 clause in every subcontract subject to compliance with re�ulations in 24 CFR Part 135 and a�rees to take appropriate action as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a findin� that the subcontractor is in violation of the re�ulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge that the subcontractor has been found in violation of the re�ulations in 24 CFR Part 135. {v) Contractor will certi that any vacant employment positions, includin� trainin� positions, that are filled (I ) after Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the re�ulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent Contractor's oblieations under 24 CFR part 135. �vi) Noncompliance with HLTD's re�ulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HIJD assisted contracts. {F) Contractor aQrees on behalf of its ioint-venturer, the Housin� Authoritv for the Citv of Fort Worth, doin� business as FWHS, to the followine; (i) FWHS COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMI,ESS AND DEFEND, AT ITS OWN EXPENSE Ti-IE CITY AND ITS OFFICERS AGENTS SERVANTS AND EMPLOYEES AIA Document A201�- 2017. Copyright � 1911, 1915, 1918, 1925, 1937, 1951, 1958, 7961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. AII rights reserved. T�e "P,nierican •.ns;itu;e af A3�chitects;"'A;A," fhe t�:P. Logo. "A20":." an� "AIA. Contract Cacuments" are 77 registered tradsmarks and may nai i:e usad wiEheut pe=.'missian. This document was produced by AIA software at 17:40:18 ET on 09H 4/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accorda�ce with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS OF ANY KIND OR CHARACTER INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY INCLUDING DEATH TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER WHETHER REAL OR ASSERTED ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION PERFORMANCE ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART. BY ALLEGED NEGLIGENCE OF OFFICERS. AGENTS. SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF THE CITY, AND FORT WORTH AFFORDABILITY, INC, A TEXAS NONPROFIT CORPORATION ("FWAI") HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE CITY AND ITS OFFICERS AGENTS SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INNRY. INCLUDING DEATH TO ANY AND ALL PERSONS. OF WHATSOEVER KINDS OR CHARACTER'WHETHER REAL OR ASSERTED ARISiNG OUT OF OR IN CONNECTION WITH THE EXECUTION PERFORMANCE ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS AGENTS SERVANTS EMPLOYEES CONTRACTORS OR SUBCONTRACTORS OF THE CITY. FWAI FURTHER COVENANTS AND AGREES TO AND DOES HEREBY INDENINIFY AND HOLD HARMI.,ESS THE CITY FROM AND AGAINST ANY AND ALL INNRY DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF FWAI. ITS OFFICERS, MEMBERS � AGENTS.'�� EMPLOYEES CONTRACTORS SUBCONTRACTORS INVITEES LICENSEES OR � PROJECT PARTICIPANTS OR CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS AGENTS SERVANTS EMPLOYEES CONTRACTORS OR SUBCONTRACTORS OF THE CITY. ' Sii) IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH FWAI AND THE CITY, THAT ��THE INDEMNITY �PROVIDED FOR IN THIS SECTION INCLUDES 1NDEMNITY BY FWHS TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY DAMAGE OR DEATH. (iiil FWAI AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAT� REPRESENTATIVES FROM ALL LIABILITY FOR INNRY DEATH DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER TH1S CONTRACT EVEN IF THE INNRY DEATH DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. jivl FWHS SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS PERFORMING ANY PI WORK (AS DEFINED IN SECTION 13.23 ABOVE) TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. § 13.27 Owner Representative As used in the Contract Documents, "O►vner Representative" shall mean the individual desi�nated as Owner's r�resentative in Article 14, Section A of the Agreement, who shall be the sole person authorized to act on behalf of Owner with re�ard to the Proiect. In the event Contractor receives anv instructions or approvals, either orallv or in writin , bv persons other than Owner Representative, Contractor shall notifv Owner Representative of such instructions or approvals and shall not act upon anv such instructions or approvals until provided express directions from Owner Representative. ARTICLE 94 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of �&thirt 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any Irtit. AIA Document A201°- 2017. Copyright � 1911, 1915, 1918, 1925, 7937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. TiiE "�nierican ins.ituie ef Architects° "A3A," fhe A;,� Lago, "A24i." an� "kIP. Cantract Cacu�nents" are 78 r�aister�c t;ademarks and n�ay nat ce used wiihout permission. This document was produced by AIA software at 17:40:18 ET on 09l14/2021 under Order 1 No.3418314441 which expires on 12/O6/2021, is not for resale, is Iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) I other persons or entities performing portions of �er•�-the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the �� reason for withholding certification as provided in Section 9.4.1; or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or ( .4 The Owner has failed to furnish to the Contractor promptl �.�upon the Contractor's request, reasonable evidence as required by a��t��Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees, or any other persons or entities performing portions of the �F , , •�� b` ^-�� a�., ��:�a .,.'�;^'��„�� ;� '�� Work under direct or indirect contract with the Contractor, Owner suspends the , entire Work oursuant to Section 14.3 below for a period that exceeds ninety (90) consecutive da �}_s. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven � additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, �includin� reasonable overhead and profit ^� ""^�', ^�* �v��„+�a and costs incurred by reason of such termination. Owner shall have the ri h� t to �av the Contractor's invoice. or approved portion thereof, durin� the seven ('71 dayperiod followin� written notice, in which event the Contract shall not be terminated. § 14.1.4 If the Wark is stopped for a period of 6�sixtv�60�consecutive days through no act or fault of the Contractor, a Subcontractor, , r their agents or employees or any other persons ��:-a�performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fWfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven �additional days' written notice to the Owner and the Architect, tern�inate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the r�� ontractor: .1 repeatedly refuses or fails to supply enough properly skilied workers or proper ~~��materials and Contractor has failed to cure such failure within a seven (7) dayperiod followine written notice from Owner of the same; .2 fails to make payment to Subcontractors e��s-of amounts due, includin�. without limitation, suppliers, in accordance with the respective agreements between the Contractor and t"� c..'��'��'�� er��such Subconiractors; .3 , > > > > ^r-'�� '^ �••�'�� ^•�*"�r�*��; disresards applicable Laws: or - .4 otherwise � ��''� ��' �•�"�*��' '��^�'� ^f ^ ^�+"� r^^+r�^� T'��,.mo�`�.has committed a breach of the Contract, includine, but not limited to, failure of Contractor to: timelv commence the Work, or to prosecute the Work in a dilieent and skillful manner, or to complete the Work in accordance with the Project Schedule, or to complete the Work on or before anv date established for Substantial Compietion of the entire Work (or anv applicabie desienated portion thereofl or Final Completion. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, the ^~�"'��R ,.�'�^;�„* ^ :�*� *� :.�':� .�'� ��:�� *',� nwner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven �days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 �e-exclude the Contractor from the s�e-Proiect Site and take possession of anv or all materials, equipment, tools, and construction equipment and ; machinerv; .2 �accept assignment of subcontracts pursuant to Section 5.4; and (nit. AIA DocumentA201�- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ail rights reserved. Ti�e':Anierican :nsfituie af f.��ci;itects,° "Ait�," th� �,1� Logc. "A�07." ancf "AIP. Cantrack Cocuments" are 79 reg'ssterec t;adamarks ar:d n�ag no=. b� used ;ni;:hout per�nission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) .3 �rfinish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs , incurred by the Owner in finishing the Work. I § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in ��Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 . . b . , , � , • � � , . , > , , �� +��m:��*:^� ^�*'�� r'�r*��:In the event of a termination pursuant to Sections 14.2.1 and 14.2.2, the Contractor shall be liable to the Owner for all reasonable costs and dama�es incurred by the Owner as a result of the Contractor's acts, omissions fault ne�li�ence, errors or breach of contract (includin� reasonable attornevs' fees and court costs. the reasonable costs of completine the Contractor's performance of the Work as required by the Contract Documents, and the reasonable cost of anv additional services required of the Architect as a result of the Contractor's fault or breach). After all such dama�es have been paid, the Contractor shall be entitled to the amount, if any, remainina due to the Contractor (after deducting any such dama�es) for anv Work performed bv the Contractor up to and includin� the date of such termination. If such costs exceed the unpaid balance due to the Contractor, the Contractor shall be liable to the Owner for the difference. § 14.3 Suspension by the Owner #or Convenience I § 14.3.'I The Owner may, without cause, in its sole discretion. order the Contractor in writing to suspend, delay or interrupt the �; Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The''��*��+ e„�, r=MP and Contract Time shall be adjusted for increases in the cost and time caused by suspension; delay; or interruption ,.,ao.. c�,.+:�., , ��, � a:......,,o.,, „� t,,� �,..,t...,,., c..,,, ��,.,,� :.,,.�„ae .,,-„f� �.T,, ��'^,�*��.,* �'��"'�� m^a� *^ *'�� *��*�o the e�ctent allowed by Section 7.33, subject to Sections 143 and 15.1.6.5 below. Adjustment of the GMP shall include profit. No adiustment to the GMP or Contract Time shall be made to the extent: � .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; e� :�-.2 that an equitable adjustment is made or denied under another provision ^°'"�'-'��'��._f the Contract: or .3 in the event of a suspension due to Force Maieure, Contractor shall be entitled to an Excused Delay. but no adjustment to the GMP except to the eatent provided in Section 15.1.6.5 below. § 14.4 Termination by the Owner for Convenience § 14.4.1 � .In addition to the reasons set forth in Section 14.2.1, the Owner may terminate this Contract without cause (at anv timel �on seven (7) days written notice to the Contractor. In the event the Owner so terminates this Contract, the Contractor shall be entitled to compensation onlv for the Work performed bv the Contractor and accepted b�� Owner pursuant to the provisions of and subiect to the limitations set forth in this Contract. up to and includin� the date of ternlination, plus the amount ofthe Contractor's Fee earned pursuant to the terms of this Contract as of the date of termination, all as determined bv the Schedule of Values then applicable to the Work and the percentaee of completion achieved by the Contractor (overaD and in each category of the Work, as applicabie) as of the date of termination. The Owner a�rees that acceptance of such services shall not be unreasonablv withheld. Further, in the event the Owner so terminates this Contract, the Owner a�rees to �av for services. materials, supplies ordered prior to the date of termination bv the Contractor, for use in connection with the Proj,ect, and necessary for the reasonable discharee of the Contractor's responsibilities under this Contract, or, if appiicable, cancellation charees for such services, materials and supplies, to the extent such services. materiais and supplies cannot be discontinued by the Contractor without cost or penal � upon notice of termination. In addition to the fore�oine, if the Contractor is so terminated, the Owner shall pav the Contractor the reasonable value (based onpurchase or rentai as applicablel of anY �uipment retained bv Owner and the reasonable costs of clean-up. removal of debris and removal of equipment, trailers and machinery used at the Proiect Site incurred as a result of the termination. The Owner will not be responsible, however, to reimburse the Contractor for any continuin� contractual commitments to Subcontractors or AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The init. American Institute of Architects. All rights reserved. Ti�e "P.me��ican `:ns:itu:e cf A3•chitects:"'A'•A "?he A;A �oga. "A2Q?." an� "AI�. Car.tract Cacuments" are 80 re�ister�d tradsma; ks aad n��y naE ue useci �.vi:haut per�nissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/O6/2021, is not for resale, is licensed for one-time use only, a�d may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) ( penalties or dama�es for canceline such contractual commitments, and no compensation shall be allowed to Contractor or its Subcontractors for anticipated profit, unperformed services or intan�ibies. Anv compensation due under this Section shall be �ayabie to the Contractor thirtv (30) days after such termination. The Contractor's sole remedy for anv termination pursuant to this Section shall be the compensation allowed in this Section. Anv termination by the Owner pursuant to Sections 14.2.1 and 14.2.2 that is ]ater determined to be uniustified or without cause, and anv termination of this Contract bv Contractor pursuant to Sections 14.1.1, 14.1.2 or 14.1.3, shall be treated as a termination without cause pursuant to this Section. In either such event the Contractor's remedies for such termination shall be limited to those set forth in this Section. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor s�ka�shall: .1 cease operations as directed by the Owner in the notice; ,2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except far Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 , � , c„L,,.,,„*.-.,,.+�. ..�a +t,e t�...,.;.,.,+:,,., F e :F.,.,., �e+ f..+L, ;,, +I,o A,...00,,,o„+.Intentionallv Deleted. > > > b ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A�i-"Claim° (whether uppercase or lowercase) is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, ��"��- :� +"� r'��*��^*'T':m�, ^r other relief witl� respect to the terms of the Contract. �� The tenn �"Claim°� aiso includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.Y"ttCJ � . � !''..«�-...,,.r 71,,,.,,.,�,�o„s.. � . .. b > � ) § 15.1.2 Intentionallv Deleted. § 15.1.3 Notice of Claims § 15.1.3.1 �''��^-�^ "^ ��*"��+'�� n.,,�� r'��+��*�� .,.'�� Except as otherwise stated in the A�reement, Claims bv the Contractor must be initiated within fourteen (141 calendar days after the occurrence of the event eivinQ rise to such Claim or within �fourteen (14) calendar days after the claimant first reco�nizes the condition giving rise to the �� , . � . y „a�*:^^ ^ ^ �*� *'�� ''^:-� ^.'�;^'��"�r ;^ '^*�� rlaim, whichever is later. Claims must be initiated bv written �b ~ � notice to the Architect and Owner and clearl� referencine itself as a Claim pursuant to this Section 15.1.3.1 of these General Conditions to be resolved. Notwithstandine anv other provision of this Contract, the faiiure of the Contractor to provide Owner with written notice of anv Claim (includin�, but not limited to, Claims asserted pursuant to Sections 15.1.5 throu�h l 5.1.6 and anv Claims seeking anv increase in the GMP ar an extension of the Contract Time or the reauired dates for Substantial Completion of the entire Work, or anY agplicable desi�nated portion thereof, or Final Completion or other damaees or costs of anv kindl within the applicable time frames established bv this Section AIQ DocumentA201°- 2017. Copyrightm 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. qmerican Institute of Architects. Ail rights reserved. T�7e "Anierican ins:itu;e �f A3�cFitects;" "F,I�," the AIA Loga. "k209." and "ki� Car.tract Gxuments" are 81 registered tradamarks and may ;�a; be usad :viihcut permission. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order / No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) I 15.1.3.1 (or such earlier time as may be established elsewhere in the Contract Documentsl shall mean that the Contractor has waived such Claim and shall perform all Work required by or in connection with anv occurrence ar condition �ivin� rise to the Claim without increase in the GMP or extension of the Contract Time and/or the Substantial Completion Date. ' a ,........, � . § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shali proceed diligentiy with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 1 b.1.4.2 , , • .Intentionallv Deleted. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim far an increase in the r,...+....,.+ c,,,,, �-Mp. written notice as provided � ��.Therein shall be given before proceeding to execute the ^��^^ ��+,,o `x'�~v *�,^* :^'"e �^";o^+ ^�+"o E�Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under ��.—^r.-Section 10.4. The Contractor's sole and complete remedv with respect to anv successful Ciaim shall be as set forth in Article '7 above. subiect to Section 15.1.6.5 below. This recovery shall be deemed to include (and no additional damaees or costs ma�u�ht or recovered by Contractor for) ali delav, acceleration or impact costs or other expenses or losses allegedlv sustained or incurred bv Contractor as a result of anv Claim. § 15.1.6 Claims for Additional Time § 15.1.6.1 If#�e-Contractor wishes to make a Claim for an � �*'•� �'��*��* T;m� �`:�� ,:aoa :� co^`;^� ," ' c.�xtension of the Contract Time. the Substantial Completion Date, and/or the Final Completion Date, written notice as provided in Section 15.1.3.1 above shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 , > , .The Contractor aerees that timelv completion of the Work is of essence in this Contract. The Contractor shall continuouslv and dilieentl�perform, forward and prosecute the Work re9uired by this Contract subiect oniy to Excused Delays as defined herein. In order to achieve completion of the Work bv the times established in this Contract, as thev mav be extended pursuant to the provisions ofthe Contract the Contractor a�rees, without anv increase in the GMP or any additional compensation of anv kind, to assi,n more personnel work overtime and take such other appropriate measures as are necessary to overcome delays attributable to the Contractor, its Subcontractors and an oy ther persons or entities performin� Work under contract with, on behalf of or under the direction or supervision of, the Contractor. b b b b I'',.«t«,,..+ Tl�:.-�......+...,1 . ..l...lo.. • a > o > e � � b . . . . �jf�f� b b > > > � ..4:n:«.,4er� .. .�.4i+.. ..�.d:«o..41. �F..... tl.o \11J...�1� � > o b . b . . b > > ' AIA DocumentA201°- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. Tiie "F,merican institute ef A�nhitects,° "�1ri,° fhe A!A Logo. "A2L�?." and °kiA ��antract Docurne�ts' are 82 reaistered #radamarks ard may nai oz ussd wi:heut per�r:issian. This document was produced by AIA software at 17:40:18 ET on 09l14/2021 under Order � No.3418314441 which expires on 12(06/2021, is not for resaie, is iicensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) § 15.1.6.3 The Contractor shall not be entitled to anv increase in the times estabiished for Substantial or Final Completion of the Contract as a result of anv delav (includintr, without limitation, an Owner Delav, as defined in �� Section 622 above), re�ardless of its cause or nature, unless and only to the e�ent that such delav is attributable to causes bevond the reasonabie control of, and could not ha�e been avoided or miti�ated bv reasonable efforts taken bv, the Contractor or its Subcontractors. Any such delay is referred to herein as an "Excused Delay." Excused Delays ` also include to the extent thev satisfv the foresoin� definition, delays to the Work caused bv: (a) an act or neglect of the Owner or Architect or of an emplovee of either. or of a separate contractor emnioved bv the Owner, or, to tlie extent a�plicable to the Work of a public utilitv or eovernmental aeencv• or (b) war hostilities invasion public riot civil insurrection civil war, terrorist acts, ionizin� radiation, contamination by radioactivitv on the Project Site from anv nuclear fuei radioactive toxic explosive or nuclear explosive, epidemics or pandemics (inciudin� COVID-19 and the novel coronavirus) quarantine, plaeue, earthquakes, natural disasters, a named hurricane or tropical storm, wind storm earthquakes or fires causine unhealthv workingconditions or otherwise adverselv affectine performance of the Work (each such event constitutes "Force Mnjeure"1 and are not the result of the failure of Contractor to perform under anv of the Contract Documents. Time taken by Owner and Architect to approve Shop Drawin�s or other submittals shall not be considered an Excused Delav unless and onlv to the extent: (11 the duration of the approval time � � is�in excess� of (al the times required by Contractor's submittal schedule, or (bl in the absence of such a submittal schedule the time required bv Architect to respond with reasonable �romptness (but not later than 10 business days ' followina Architect's receipf of the submittal) and Contractor has provides written notice of such event to Owner and �� Architect and Owner andJor Architect thereafter fail to take action on such submittals within seven (�) days followin� receipt of such notice; (2) the resultine delav to the Work couid not have been a�oided bv the Contractor; and (3) the delay is shown bv the Contractor to have adverselv impacted a critical path item. Delays caused bv the unavailabilitv of or �eneral shorta�es with re�ard ta labor, skilled or otherwise, shall not constitute Excused Delays. Unusual weather shall not constitute an Excused Delav except and onlv to the extent provided in Section 15.1.6.4 below. & 15.1.6.4 Anv delays caused bv a hurricane or named tropical storm or other adverse weather conditions shall be considered Excused Delays onlv if: (a) the Contractor demonstrates that the weather condition (excludins anv named hurricane or tropical storm) at issue is more severe than one would reasonablv expect to encounter at the Proiect Site based on historical conditions over the past five (5) vears, as established by the National Weather Service: (b) the Contractor notifies Owner bv telephone voice mail messaee and facsimile bv 8:30 a.m. Central time on the date ofthe event or within one (1) hour of the occurrence of the event eivin� rise to the cause for the delav, whichever is later; (c) the notification identifies the time critical trades which will be dela�d bY the adverse weather and the impact on the Project Schedule• (d) the Contractor demonstrates to the Owner's reasonable satisfaction that such adverse weather ��conditioi�s will in fact �cause a delav in the completion of the Project beyond the Contract Time (i.e., it must be a "critical path" delay�• and (e) Contractor demonstrates to Owner that the lost time cannot be recovered b ad�din,� additional man�ower in affected trades or other trades durin� standard pav rate work periods. or that additional manpower is not available when needed. A delav of non-time critical activitv is not cause for extension of Contract Time. For purposes of this Contract, a demonstration of adverse weather conditions will require documentation bv the National Weather Service of rainfall or snowfall of sufficient accumulation and duration to iustifv anv claimed delav and can include adverse impacts to the Project Site arisine from and after the adverse weather conditions (e.g., sisnificant n�ud or floodin�) to the extent such adverse impacts to the Project Site delay the critical path of the Work and couid not have been reasonablv avoided or miti�ated bv Contractor. § 15.'1.6.5 In the event of an Excused Delav the Contractor shall be entitled to an extension of time to perform the Work which shall be equal to the actual time lost on the critical path ofthe Proiect Schedule by reason of the Excused Delav but no claim for extension of time on account of an Excused Delav shall be allowed unless presented to the Owner in accordance with the requirements of the Contract Documents. Contractor expressly aarees not to make, and herebv waives any claim far damages, includine those resultin� from increased labor or material costs on account of anv Excused Delay and aerees that its sole ri�ht and remedy shall be an extension of time as set forth herein, pius, as applicable• (il to the extent such Excused Delay is caused bv Force Majeure, in which case Contractor shali be entitled to an increase in the GMP equal to the actual, demonstrable, and verifiable increased costs directiv arisin� from such Force Majeure Excused Delav' and (iil to the extent such Excused Delay constitutes an Owner Delav, in which case Contractor shall be entitled to an increase in the GMP equal to the actual, demonstrable, and verifiable increased costs for Contractor's proiect-specific �eneral conditions, in an amount not to exceed Two Thousand Five Hundred Sixtv-Nine and 00/100 Dollars ($2 569 001 �er work dav (the °GC Daily Cap"1 In addition unless and onl ty o the extent that the Owner directs the Contractor in writine to accelerate its work, and the Contractor a�rees (which aereement shall not be unreasonablv withheld) that throueh a plan of acceleration the Contractar can achieve the dates Ittit. AIA DocumentA201�- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AII rights reserved. The':%-.nierican inst:tuis af f�rchitects;° ��AI�;" the �1iP, Lagc, "A2L�1." an� "AIA Cffr.tract Dacli�nents' are 83 reaisterec tradsmarKs arc� may nat ce usad v,ri:hout per:nission. This document was produced by AIA software at 17:40:18 ET o� 09/14/2021 under Order % No.3418314441 which expires on 12/O6/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright vioiations, e-mail copyright@aia.org. User Notes: (1261389367) for Substantial Completion of the entire Work, or anv appticable desi�nated portion thereof and Finai Completion set forth in the Contract Documents in which case the Contractor shall be entitled to an increase in the GMP sufficient to �ay the actual premium portion of overtime wa�es necessary to make up lost time which would otherwise prevent the Substantial Completion or an�pplicable desisnated portion thereof or Finai Completion of the entire Work as set forth in Article 8 above and to the extent of the followine conditions: (i) the Contractor demonstrates to the Owner that it is impractical to provide, durin� non-premium pav rate work periods, additiona] manpower in the delaved trades or other trades sufficient to recover time lost due to Excused Delays; (iil entitlement to overtime premium shall be limited to those time critical trades delaved bv Excused Delays, or others approved bv Owner, and only to the extent of � the amount of time lost due to Excused Delays; and (iii) the Contractor achieves dates for the Substantial Completion of the entire Work or anv applicable desienated portion thereof and Finai Completion set forth in the Contract Documents. § 15.1.6.6 Irrespective of the proeress of the Work. if requested bv Owner, Contractor will accelerate construction subject to mutual a�reement on a schedule and on a price which shall be consistent with actual additional costs to be incurred to Owner for actual premium time costs incurred. '4 15.1.7 Intentionaliv Deleted. ` § 15.2 7�'��'nn�intentionallv Deleted. • ) b ..._.._ �y • � • � • � . , � . .... , � b b b . .,7 f ..t:+;.... �..41.0,-+1,.,,�. tL.� �ll..,..�.« b > bb > • • b J > � � > • b � > > p � -' S � b ' p > > Y..' " • • b > b , 5� � ) � b � b ' b > > �� AIA Document A201°- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AII rights reserved. Ti7e "Anierican €nst:tuie ef Architects;" "AiA,° fhe AiA Lo��. "t�20 ;." and "AIA Contract Gacurnents" ar� 84 regis#ereci t;ademarks aad n�Gy nat be ussd without permission. This documentwas produced by AIA software at 17:40:18 ET on 09/14/2021 under Order � No.3418314441 which expires on 12/06/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) • > b . � > •b evai.�ixn .,.:4t. .� 0..4 4.. +l.e ;.�:4:n1 raen;c�:�.. � . � b > > > � , � .. . b > b ' � � o .7 ..r,7...,..,, . ,:+1,� .. «.1:...,t,te 1..,., r,. ,. .,1., ,,.:rl, +l,e t;e., .,�,+;..n �� f;l;,,.: da..,71:.,,,,. § 15.3 �.�Dispute Resolution. § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related ta the �'��Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and �; 15.1.6 shall be subject to non-bindine mediation as a condition precedent to'��a�� '��„*� �� '.,*:��.litieation. � § 15.3.2 The parties shall endeavor to resolve thelr Claims by med�at�on whlch, unless the parties mutually a�ee aereed otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the �?�;�ee�rr�e�+t—Contract. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of h�^a�� a�^��«� r��^,,,*;�� a:�^^ "..+, suit', ' but in such event; mediation shali proceed in advance of'��a�^b a��*� r��'��'�^� ��^^��a��b�, liti�ation, wllich shali be stayed pending mediation for a period of b8-sixt 60 days from the date of filing, unless stayed for a longer period byagreement of the parties or court order.T� �� w;*��:�� :^*�.,°a � �+ +� *":� ce,.+:,,,, , c��+we .,.,,�;o� ,,, b• § 15.3.3 _ ' . ^ > b • b ' S 5 > b b ' ' ' ' ' ' ' ' ' .Intentionally Deleted. b § 15.3.4 The parties shall share the mediator's fee and any filing fees equaliy. The mediation shall be held in the �}ase citv and state where the Project is located, uniess another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.3.5 If a Claim relates to or is the subject of a mechanic's lien. the �arty assertina such Claim mav proceed in accordance with a�plicable law to com�lv with the lien notice or filin� deadlines prior to resolution of the Claim bv mediation or liti�ation. § 15.3.6 The Contractor shall include in all subcontracts and purchase orders, liti�ation, mediation and consolidation provisions equivalent to those oontained in this Section. This Contract to mediate and consolidate parties and claims shall be specificallv enforceable. Durine mediation or litieation proceedin�s, the Owner and Contractor shall complv �with Section 151.4.L� �� § 15.3.7 If the parties are unable to resolve their Claims throu5h mediation, either party mav institute liti�ation in a court of competent�urisdiction in the state where the Proiect is located. § 95.4�•��Contract Documents § 15.4.1 , , , , � b' � • b> AIA DocumentA201�- 2017. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. All rights reserved. Tiie':Americzr. institute of A��chitects," "Alt�," the t'�iA La�c. "A"LO ;." a;td "kIA iJar.tract Cacuments" are 85 reg'ssteree trademarks ar:d n�ay nof ce ussd wi<.hcut per�nissian. This documentwas produced by AIA software at 17:40:18 ET on 09/14l2021 u�der Order � No.3418314441 which expires on 12/06/2021, is not for resaie, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) b ��'�:*��*:�� ;� ��;**�a *^ '�� a��^^a�a,Contractor and Owner aeree that the Contract Documents (as defined in Section 1.1.1 of the General Conditionsl shall include the following exhibits, each of which is attached to the A�reement and incorporated in the Contract by reference: .1 These General Conditions, attached as Exhibit A .2 Contractor's and/or Mortga�or's Cost Breakdown (HUD-23281(z.e., Schedule of Values), attached as Exhibit A-1 .3 Assumptions and Clarifications, attached as Exhibit B .4 Drawin�s and Specifications, attached as Exhibit C .5 Form of Affidavit and Certifcate of Completion, attached as Exhibit D .6 Project Schedule. attached as Exhibit E .7 Form of Lien and Claim Waivers attached as Exhibit F .8 Federal Davis Bacon Wage Decision. attached as Exhibit G .9 HUD Federal Labor Standards Provisions (Copeland ("Anti-Kickback" Act), attached as Exhibit H .10 HUD Section 3 Provisions attached as Exhibit I .1'1 Builder's Risk Insurance Securitv Requirements, attached as Exhibit J .12 'Securitv A�reement, attached as Exhibit J-1 .13 ` The Supplementary Conditions to the Construction Contract (HUD-92554M). attached as Exhibit K ,14 ' Completed and fully-executed document identifvin� Identities of Interest amon� Owner, Contractor Subcontractors and Architect attached as Exhibit L .15 Community Facilities Aereement (Public Improvements), attached as Exhibit M .16 Standard Citv Conditions (Public Improvements), attached as Exhibit M-1 .17 Proiect Manual (Public Improvements) Table of Contents, attached as Exhibit M-2 %signatures appear on the followin� page7 Illit. AIA DocumentA201�- 2077. Copyright� 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 a�d 2017 by The American Institute of Architects. AII rights reserved. T!7E':%^.C37EI'3C8Y! !C15�ittliC' 6f AI'CI;f1ECts:° "RiA," the AIA �ogc. "F+2C":." anc "kIA �vontract Gacurnents' are $s ; egistered tradsmarks anc� n�ay nai ce used without perinissian. This document was produced by AIA software at 17:40:18 ET on 09/14/2021 under Order ! No.3418314441 which expires on 12/06/2021, is not for resale, is lice�sed for one-time use only, and may only be used in accordance with the AIA Contract Documents� Terms of Service. To report copyright violations, e-mail copyright@aia.org. UserNotes: (1261389367) These General ConcEiEions are enterec{ inko as of the da and ear fiast wrjtten in the A ree»ient and are executed iu at lcasf six (6) ori i�g ial coEfies, of which one is to hc dclivercd to tl�e Contractor, o�tc to Uie Arcl�itect for use in che ad�3iinislratio�i of the Co��tract a�ic� tlie ren�aiuder to Owner. ()«'N�R: �+�V CO'�'VAN PLAC1�, 1�1', a `I'exas li�x�ited uart�iershi� F�v: F1�4� Cowan Piace GP, LLC, a Texas li��ited liahilitv coitapanv, its �eneE-al pai•hier CONTItACTOR: BLOCK'4'4'T COWAI� PLAC� GC JOINT VENTURI�, a Tcxas �oiiii venturc �v: Filock B_u_ilders, LLC, a Louisiai�a limited liaUili � co�ti �a�i By: �'W Rosedale MBS SLl', Inc., � a Missouri corporation, its Specia[ Limited Paetner Bv: Name: Vi�icent R. 8ennett Title: President £. 46 A A 9 C„1��..F +., rl.� ,��ln� .,f rl,� A,,,�..;��., A,.S�;n.�f�..,, A.-�o..;.,c�rr�v�i-oro�i�i&�-�-�3 � AS2 •.,.7 7C....,.,..1.,�., ...,1;.,F;� �., [,fl ., .,,..1�.7 : .,..l,;r...,+:.,,. .�.5�.7 +3,.,r +1,� ,,.,,.t�... .,1,+ f.. 1,�6� s� .,r.. � ...+1,,.. t., .. ..1, 1 .,.7�,. (".,.,��,.++., .,..l�;h�.,*�.,., � ..,1..:,... ., .,E��k�}A41�-�3E�56 9�-C�f}5�3��l��" .,f r.. ..,.1.;+...,r:.,., .,F., ..1., .1;� ,.r� ., .,tl,�,. , .,*r�.. ; ��t;..,, „6�25E1��3�-1�H--�]" �'�coHS�Fk�- , ... , A,�.,r�.l , ,�Io,. �1,;� A .. „� . ..rl, ., ..tl,n,..,,.l�;f..�r�.,,. t., ,��1.;..1, :r ; .,,.�. a�cii� .:r.. .. ..l:.f..4:.�,. /'ll rl.� .,,.1..4...,F.....� r.. b � f ��'r6i�58i1F�3�f8F�-9K-d61�}�� . . .{�,. „ .,I�..�t�i� I�,,. : ,..r 1,.,..:.,.. � R�S�RTi%!!�SlI!'l�.T.F�1 :`�ir .i� s�r� �s��nrfr:ste�ss�is�:�str.�r R 4K A d 4 A,7,,..�.,.,d F...,..l.:n..,r:�.., �1,.,11 l.� ., �.1., ., .,..1:,,.. A,�., ., .,tlt, .,.;rl. fl,., C.I:.,.. .,F� .. �..r f,• ...3�..ti,,., l.,,o- C.� .,.,t �3,..11 7+ 1.��.l., ..R,,.. rl,., A..r„ ,�.7,.,., fl.� :,,.r7r,��;.,., .,f 1.,...,1 ., ,;�.,i,ln .,,..,..n��F;.,..� 1�.,��.� .. Fl,e ('1.,;.�, , .�,�l��v Y.u"r-.=c-c" �tiij' �.�i,iipE3�-k,,.,1.1., ..t..+,.F„ ,.F7:..,:+.,r:�..,.� L'.,.. �F.,r„+� .,F1:.,,�f.,�:.,.,.. ,. .,r .,F., � . v �r:�vi 30�.�1 �. ,:r�1�E„ ., .,.]:.,.... 1,.,�.,d ., , rl,., ('1.,:.�, Inif. '°'�A �ocument A201°- 2017. Copyright019i1, 19i5, 1918, 1925, 9937, 1951, 1958, 1361, 1953, 1956, 1970, 1976, 1987, 1937, 2p07 and 2017 by ihe American Instilitle of Architecls. All ri�hts reserved. The "American Institule of Architects," "AIA," ihe A1A Logo, "A201," and "AfA Gonlract Documents" are 87 reyistered trademarics and may not be used without permission. This document was produced by AIA sofhvare a1 17:40:18 ET on 0911412�21 under �rder � No.3418314441 �vhich expires on 1 210 612 02 1, is not for resale, is licensed for one-time use only, and may only be used in accordance tvith the AIA Conlracl oocumenis� Terms of Service. Fo report copyright violations, e mail copyright@aia.org. User Notes: (i 2613is9367) its maua in Ve�littr E-„ Bv: Foc•t VVoa�th Affoc�dabilit, ,� - a`T'ex s E�on c�ofit c r or•atio�a i�� '_ � its s ]�viiemba�";.; ;1 ,' `—" �3v: ... � , , „a r�,,.,*....,.+,._...,ae..«ti:� �....00...o,,. � . AIA Document A201�- 2017. CopyrightOO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. AU rights reserved. The':American `:nstitu:e e4A3�chitects:" "!�IA,° the A':A Lag�. "k20i," and "E+IA Cc�ntract Cacu�nenis" are $$ regisYerec trademarks ar:d ntay naf ce usad :i'sthaut per3nission. This document was produced by AIA sofiware at 17:40:18 ET on 09/14/2021 under Order 1 No.3418314441 which expires on 12/O6/2021, is not for resale, is licensed for one-time use oniy, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1261389367) Exhibit A-1 - Contractor's and/or Mortqagor's Cost Breakdown (HUD-2328) Previous editions are obsolete Construction Contract HUD-92442M (6/18) EX%IIBIT A-1 Fage 1 of 4FW Co�van Flace Co�i€rar,€car':c�ritflrrl.itat2�13r)rlPs Vs.a cri a�ast�tu4'r.v � ,n„- ._ ., srtiWd�. D��:i'r..`..senS CaSt Ci7�k�liG'd{!1 Ci'�<.aH p,•«7��. r.,(e°:^:b3 t51 as:k�ex £'¢�Sx=.Ft „3G..;.y;<i�k:... i 3 y .�{ .: � i ��E'2e.z �bm. F�:E�.�. .... s.x a a,asxY" ,. . 2'�a. <<.s.n , a.i .x xi1 <�<R�,...tf6a �.��5� �¢�,�.�.x�bw�t_,s�.r�..t..i,€�..>5t.^`3 .( k..tvk,.�e.� � � . � .. }r ; 2 k Y Y Dr.? .. s'. ; � . )<�.-eR� ci..�.�s..,f� .Y ��^V'A�..a% ..v+J.atii..,:. a 1 a9 �n�'k . tn�S w.{'.. v.zt.s'tz5.ao- 3 dsx t). ,r�Y ea a.� .. „ ± _ S G _: 1 . ti .�. 4}fi S� :rtr J� w2k':✓S 5'�.5�:��.k-'== .,. ..x<, a..£f<tit�.':,,.F ,r,a.r>f >r�,e �..,.e�hx...sv.,.a�i,>:-.ve vsaty.�2>< a.,x.s#..ttYY ..._ �,.., - ""-- ................M......_.,..�..,..,..,.w...,...,.,,.,.�...-.,.M.v. .... ..,......�.... ..�,.....w.......wM,.a,,.«,,.,.�.,.,�..,.,,n..,M.....,...«.---� 4:�4vTs,'K:tu Ca^�sri%:.jfrmlSN�-.2Xt4 'F:Sifif; fid.i4k1$ Aits.x�,^ei � t'�:� ! "'�'M£%,�'�."B ..tR3 f �."r;.•..M 1t S .-� �^ k:bi )..�aF�SdtAh$�Yd`C)SSdii]'3�:'f�.�.,f3#�,3'�"fi£:i�'�^«-3?:n"F3r'd'i p9,..ax!^4.fIx..AdtEM0.t3P.diM. At..a@�3.t24�arfClbYzf.:.5`M^3.SxGJV`si�t<3v.a ZuL:k3YYW2s d L;uY"uY�3F21i€4D'd'C�.xa't« R�c7+"�'�f.sniat>Yflk�3@rb.i.��8:4?�'S.le.br+lCl:+'t"IxA' A4S��a7?°��teC3`-?�3�.fe45PAAMz�m.£n?]3�d'�va`M.fxtk.CM.x3i�M.�nT'Y.a�u>`�i=.a�i#?3irus ..a xS'v"✓-Fk '-�.&'.'a^ k ��.7'+[^�SSL .t^.x rs�u 2?)3 f ^l. Aap �z i t�i S�.e��fi#, Mx�M1.t�5dK;NtM�:'��ix�S: �:.rv.fLropYs. �::zeia'�t�� is+s� �5��.:�t.i �X'. {>.r� . �^ � . t v:.� ,.y ...,s,.x. � � � �` �� i ��.. a ^aa f` )ar k�sW; a�'t mZrs. 4 � �l f>.Prs+�.w#au.aui+!a'3t,rtN:dt t�x ,s.rs�r +M-, au_ �m*sevsa ,z...ae t. �u- sb . �. � z �-�� • .t.� � ,.<.a�r-a i�z;.�_ � i*�Z;: � ES.�a� «9aFw. �+x:<.e.a .._ f.a.xaY A x^Q%��' Y:ds;a'F�YfYt i.�..^u�sa��-.Yr:r ^t.��e3«- .....x,�..�me�a�,..c. LMHf:ex�-fC 'e1e_.iikz 3�:`+iY' Nx fs� za. �.��.st= .w.z'tais}3 2�Ys'S3�Y-fax't '� A6txL"SEg N 3 i .� h '. t t5'- �� : h S IS 3�`�:u y�{.t^c�#<nY.F+N"fvd<!aY ��>'K€u3Fy x ,�. s>*�.+ f . .�ir +vt rn . A 4..." 'k 3 �-� . x � i ut .. r J .t� AY-�.ta+'� S 1 4T 5.�.* «.raiK�A S'.:xx.3�Y. x.s�x .„u-k..a :�� r � :� . ts ..s Ut5 Y 3 � a' Ga ft N' # A£ £F Hf.'. . �` ' e t,•.. evr,� ..u�sHi,w:.e.,,,�r..w, , s.�u..,e.ot<a��i . ..,,.��...r. «<.�« t. ,� ' t.e .N �• r a :r a-R;mr�� <.i';��,` »<t��: ,-.tr'�,yar,n .�, c . _.r�.^„;cr. �.�.�ar�t�se.s. Cc�ntractor's �ndJor M�rtgagor`s Cost Breakdown (HUD-2328) ,._..,.�... � ...... ....... _.... . 5532 SR�'.c�l:'cE SS :hi€e7R § Cax�aF:u.�^ .. ...,.,.wx«,... ...,. .. ...............__.,_._,...,,..................._.._.____._ EXHIBIT A-1 Contracfor's andlor Mortgagar's U.S. PQparkrttent o# Hoc�si�ig OME3 No.2502-004h (exp. 12f3i12018) and Urban Development Cost Breakdown O(fice ot Housing Schedufe of Values Federal Housing Commiss[oner f�ubtic reporting burden tor ttyis wtlec6on of intormation is estimated to averago 4 ttiours per resp�nse, including Iha iime for ravievring inslructions, searching exisiing data sources, gatherine� and maintatning the dala needeJ, and completing and revevring ihe cotlection of infom�ation. This in(crrnatian (s required to oblain benefits. HUD may noi coilect tiils informatian, and you are nol required to compfete this form, unless it dispiays e currently vatld OFd� Contrci NomUer. Section 227 of the tdationa! iiousing Acl (Section 12"0 of the Housing Act of 1954, Pubiic Lat�i 560, 12 U.S.C., 1715r), au!?iorize s Uee cWlection of this informalian. The intorrnation is reyuired fora general coniracior��men an identityof i�terest exisis betvreen 1he generaf contractor and ihe morigagoron�.�hen the aiorlgagorls a nomprofil enlity and a cost plus conlraci has been used. Ttie infomiaiion is ussd by F�It1D to tacilitair. ihe advances o{ mortgage proceeds and iheir monttoring. PrivacyAct Notice. 7fiie United Slatas DopaRment of Nousing and tNban Developmen4 rederat Hnusing Administra�ion, is authorized lo soiicit iiie intormatiai rcquested in this form by virture of Titte 52, L"nites Slates Cade, Section t701 et seq., and cegulalions promulgatad Ihereunder at TiUe �2, Code o( Federa{ RegvlaGons. N1hile rw assurenees o( confidenliatity is ptedged to responAcnts, iiUD generaily disctoses tfiis data oniy in response to a Preedom of InformaUon requesL Page 2 of 4FW Cowan Place Oate: Sponsor. June 24, 2429 FW Pro;ect Mo: 113-3592& L.P. ldentificaGon: Ida Tvpe A NameofPro;eci: � ILocation: Cowatt Place 5400 Easf Rosedate, Fort Worth, iX 76905 This torm represenis ihe Contraclors and(or Mortgagars iirm costs and services as a basis for disbursing doliar amounts when insured advances are requested. detailed instructions ior completing this form are included on the reverse side. Liae Div. Trade liem Cost ' 7rada �escripuon 3 Concrete S 1,237,012 2 4 Aiasonry $ 373,647 3 5 Mefals S 630,22$ /r 6 Rough Carpentry S 4,7b3,542 5 & Finish Carpantry S 267�$$1 6 7 Waterproofing 5 'E45,113 7 7 Insvtafwn $ 252,973 8 7 Roofing S 7A3,926 9 7 Sheet �Retaf $ 3,165 10 8 Daors S 405,166 1'I 8 Windovrs S 353,A92 �2 8 Glass $ 3$1,085 13 9 Latli and Plaster S 351,342 id 9 Orywalf S 1,18G,$98 15 9 Ti!a Work - S 132,581 16 9 Awuslical $ • 17 9 Wood Fboring S - 18 9 Resilient Fboring 5 5$Z�fl2t 19 9 Painiing and Decorating S 525,9 57 20 '10 Soecia(ties $ 323.843 25 71 Speciat Equipment $ - 22 19 Ca6inets $ 807,816 23 11 Apptiances $ 359,720 2d 12 Slinds and Shades, Mwortc S 1 t2,944 25 t2 Carpets S - 28 S3 Spec�al Conslraction S - ' 27 14 Elevaiors $ d02•�4� 28 15 Plumbing and Hot Water 8 7,80i,992 29 15 Hea[ and Venttlaibn � - 30 i5 AirConditioning $ i,56S,425 3i i6 Elecidcai $ 2,252,507 32 Subtolai (Struclures} $ t9,8$4,781 33 Accessory StruUures S - 3d 7otal (Lines 32 and 33) $ 99,884,78i 35 2 Earthi�rork 36 2 Site Utilities 3? 2 Roatls and Wa1ks 38 2 Sile Improvements 39 2 lawns and Pianting Contractor s an or Mortgagor's Cost Breakdown (HUD-2328) EXHIBIT A-1 £ontracto Page 3 of 4FW Cowan Place EXHIBIT A-1 Page 4 c�f4FW Cawan Place Ceneral R�quiremertts ��t3�� -oc$� Le>ac� Project Superi�:tc�►�c�erit � $ 188,259 . : . ;; . . , .: Asst,;i�to�eci ��€�eri�-�t�ndeni: . . ;:: .. .. ::. ` ..: :� .. . .. ::' . . ..:. .;� ': _ . . $ ->:; . 't6E�,�3f3i°: �r�minc� Supc:rlPunctj Su�er � i24,83{l .: , . , . _ , ;: Gei�erat.5uper�nie��dent ,;.: . . ... .:,. . : . .. ,.; . . ... _ .� . . ...:' . _ . $ �_�` . :' ' ?�;213:: Jobsite Secre#ary _ , $ 49f775 Prc��e�f_Er�g�neer .5{l°IQ .... .. - . ':: . . ..: �: : . ::�, . :' . .. . :". _. . . . . .. . . $ :: �2,86�:� . ,. , I_e��! {Add�t�ar�a! Mon�es for MEnority R�c� Consuitinc�) $ 'i�,738_ �'ra�ect?Manager ., _�?°Ia .. .. �: . ' , ` . . . _ . _ . , ., . ., .. . . . . >, . . .. .. . _ ' � `�1t1,`t44;� _ . �umbcr �sttmafing . . . . .. $ �,913 ., , : . . , .. :, _ _:.. Ar�cciu��ting Req {At#ditron�l Monies fs�r M€noriiy.t�sql A;ccr�uniting anti At�m�n�strati�ar�) _ ` � � °: ... . � �6,52�..: kstiEna#ing : $ 4,913 �:. > ; , . , _.., Vett�clesll"rc�cks . .. <. : _ ,y ` . .. ..._�3,3�8:; _ . ... ._ . ...;.... ....... . ...,�... _ . .. ..::. .... ,� . . ... :: .. $ '` - Fuel & Qil $ .: _ . A�5,945 ; ,. � � _ .lv..ta S�te C,eII.P��n�1.1:Pad. . F.. ... . : �. . �.. ;.�� . ., . „� ._. .:..: .a .,.� . .. .. :.. , ,..�_.:. .. .. _. :.. �. .. , $ ::: . . 6,3�7:;: � • � o- $ - 5��nritender�t;Tra,v�t�Trk1F€ielfS�bsis _ . .;� , . . . .. :_y . .. :° .. .� . . .: .... .... . ._.. _.. ' �.... . . : . , .�: $. :' ; ..;19,��4:; AparimentlFiousinglSubsis#�nce $ 'tU6,1'i0 - . ...;. PM �.zCi�c� Tra+a�l �xpe��►s� .:: .-- -. ,..: . . :.:::� , : ..�:: ,..� . ,.;� .. ....:: .. . $ :`.. �,19;454;' - ,, i �a - (�f#�c�:Rer�ial..:y ... ...: . ... = . . � ;° ..' .. '. :, < . ,`.:.. ...:.::. .. .:.::. .... .' .. $:.:: . 'IQ,415; 4ffice Supplies � 9,�1d bff�ae �t�u�prrserttl i'T Haaku.P:` ;;.. '�. .� � . ... _� . . .� ..s.. : .�. ._ ;, . .... .. � �: . < :. 7;�$�: Starage ReniaE 3 441 l.and,�hart� 1;ne![nfer+��t.�. . :: �. . : . . . : . . . - . . .. °: : .: :.': � . . � . . . . : . '�. � .... .. . : ; � �,�Clt�.. P��tage 1 Facprsss ,769 � T�t�tp,Ut��ties , . . .,. _. .. . .. . . .,. ,... .. . . ,:`. `.' �,� �. . .. .: ... :�. .� . ... .... . . . . . � . � ;. . . :':. . $. >. ; � $.: : . 43; ...:. . Vttater IJf€IttEes _ $ 8,843 . ,. - Terr�p El��tric_ : Apart►n�rtis :._. .. . . : . , : ` ` . .: ,:` .... $ '� . ::;=.3�ii!�GJ.: .. .... . ., -. Temparary 7aiiats $ 'f 7,685 T��ter;Halciing�:Tank_.:` � _ ..:". _ .. ;: ° , . : ..... :::' $.>' < , . . . _�,E363:. .............� :.��... �:- � Water in 7'railer . . . . .... . . $ 1,326 J�b Stg��s . . ,__. . ' ' ` .. ... .. . - . . ...,. . .. ,. ... r ,.. '" ,i <<.. � : y�..'.' ' `� i�i?�.: Pra�gress Phatns , � � �4 _ _ . 4 2'�,. ��r�surnabJ�s'�: .. ..-: :- .. ... --. ,....:. . ._ . ` �_::'< . ....; : . . _: : ..;n ..... . $t � ,_. _. :�.'�5,335: Pr�t�tir�tg $ 3,439 , _: . ;:: ; , . , . : .:,. <:: _ . ...:. .. ..: �:, . . �. afeiyl;Safefy.;M, -.,. .. .. . 5�.. 'em� Barric�des �e Ct�ps iNate�; Smaf! Toais : Re��rd ac�cu►nents ,,. .., __.......... .: Testtnc� iF .;.•.... ... : 7f`, , .:; $ 7,�60 . `Y.. � ;`: ` . �: �,824 $ '15,3'f5 49i Cnntractt�r's and jor Mortgagor's Cost Breakdt�wn (HUD-2328j Exhibit B- Assumptions and Clarifications Previous editions are obsolete Construction Contract HUD-92442M EXHIBIT B �� EXHIBIT B BID CLARIFICATIONS COWAN SENIORLIVING 09/09/21 FW Cowan Place BUII.DING PERM11' ANY "I'FSCING OTI�12 \NI�IAT IS STATED UNDER ACLUSIONS SPECIAL 1$S1'S A1VD INSPECTIOIvS IMrncr, IxFucnz�[oh, Tnr, Ura.rrY Co., O� F�s, ETC. OWIVER TO PROVIDE PROPFRTY CORNFRS, A BASELINE AI�'D BE�i �CI-IT4ARK FROM WHICH WE CAN WORK FROM. COORDINATION DRAN*INGS UNLOADING OR INSTALLAG 0�4�TER FURt�`ISiIED MATEI2L1L5 MECHAI�'ICAI, ELECI'RICAL OR PLUivfBING COMMISSIOI�`ING OUTSIDE OF GF1VF12AL START UP BY TrIE SUBS. SEPARATE QUAISIY CANCROL FIILLI Msr�[tF�s ANY INSURrL\�CE DEDUCITBLFS. FLOOD, BUII.DERS RLSK, ETC. Sn�s Tnx (Pxo�Ecr IS T� Ex�urr) BUII.DING ELEVATION CEItT'IFICATES TEri1PORARY HVAC IN THE BUII.DIlVGS. COST LOADED SCHEDULE RESOURCE LOADED SCI-IEDUI.E VALUE SUMMARIES Ol 81 13- IvIAIv'Y II'F1vIS IN'I'I IIS SPEC DO NOT SOLELY APPLY TO TI-IE GC. SOME ARE FOR THE DFSIGNERS AI�TD SOME THE OWNERS. HO�NEVFR, Tf-�. SPEC STATES IT IS ALL OUR RESPONSIBII.ITY. AISO, IF'I'FIESE REQUII2EM&'�TS ARE IN TI-ff. PLANS AND SPECS, VdE ��RLL COMPLY BUT IF TT-iEY ARE ONLY LISTED IIv SEC,'I'ION 01 81 13 SPECIFICATION SECITON �NE CAl�'NOT. Ol 25 00-1- ALL OF ITEMS 1.4 & 1.5 AIdD I'I'EM 1.7B Ol 25 00- SUBSI'n'U'ttON REQt1EST FORM Ol 29 00- PAGE 2- 3G,1-3 0132 �-2, F- R��To Mnsr co�ucr. Ol 32 00-2, 1.4E, COST nND RESOURCE LOADING, E.4 Ol 32 00-3,1.6, A-1 0132 00-4,1.6, C,2 A-rr 0132 00-4,1.6, E 0132 00-5,1.6, G, 2 0132 00-7,1.6, F, 9& 10 Ol 32 00-7,1.6, H 0132 33-2,1.3 AND 1.4, A-D 0132 33-3,1.6- Au. 0150 00-8, 3.6, D SusMsreamc OFFSITE Gilnl. PEliiviLl'S ARCI-ffI'ECT IS RESPONSIBLE FOR DESIGN AND RESEARCH. BLOCK SI�AI,I., NOT BE RESPONSIBLE TO RESEARCH 1T-IE AIv'1 STANDARDS REFEREiQCED IN'I'I-IE SPECIFICATIOI�'S IF'I'I SEY CANFLtCT �47IS�' COI�TI'F2ACI' DCX:UMIIv'TS. BLOCK WII.L VERIFY THAT FIFd.D hS111!>URF�9tEN'IS ARE AS A'DICATED ON SI-IOP DRA\-VA'GS OR AS INSTRUCTED BY r-IANCJFACIURERAS LONG AS THE ITEM TO BE FfEI,D MEASC7RED IS AVAIIABLE AT Tt-IE'I'BvfE OF THE SUBMIITAL • ALTA SURVEY • DELEGATED DFSIGN PORTf� FOLLO4��'G O:VI.Y; POST TFNSION, STAIRS AI�*D FiAIIS, TRUSSES, FII2E ALARM, SPRIlVHI.ER SYSTEM • MrcaosoFr PxoJEcr scr�tR.u.G SorTw.v� usEo. • PROCORE USED FORALL RFI, SUBT�II'ITAI., DAII.Y LOGS, PIG`I'URES ETG • PHOTOGRAPHIC DOC;LJbIEi�TTATION M�I�'E BY BLOCK PERSONNEL • r�u. Quwu� Assvaa��E nt.� QunurY Coi.rrxoc (QA/QC) �vnz, sE Dor� sY TI-IE PROJFI:I' SUPERII�'TE'�i'DEI��1'. • WHEREVERBI,dCKCAbfPA2vIESORTHETERA4CONS1'RUCI'IONMANAGERARE USED 1'I-IEY SE�IALL BE REPLACED V�RTH BLOC:K WT COGNAI�? PLACE GC JOATI' VIIVTURE AS T'f-IE GENEF2AI. CANI'RACTOR TfiE TERMS CONSTRUCl'ION MAIvAGER AND COtdI'RACTOR ARE NOT SYNONYMOUS DFSPII'E �M1'HAT MAY BE STATED O'I'1�IERWISE IN TI-IE COhTTRACT DOCUMINI'S. • SECURtIY CAMERAS AND MOi�7TORIIvG DURING CONSTRUCTION FURNISH BY OTl-IERS COORDIri'ATED BY BLOCK • TESTIIvG AND INSPECI'IONS FOR THE CT1Y OF FORT WORTH, STATE FIRE MAFtSHAii nrmMEP. • • HAUL-OFF OF Uri'FORESEIN DEBRIS • REiv10VAL OF 1�2ES ORDOIvIFST1C WASTE • REIv10VAL OF HA7ARDOUS MATEFtIALS • REMEDIAL WORK AFI'ER PROOF ROLL • RADON SYSTEM • HAUL OFF UNFORESEIN DEBRIS • ROCK�CAVATION • BORATE'I'REATMFSVT • REMOVALOFI�IAZARDOUSMATERIAL • P�[t Pt.nrts .ah�n SrEcs • PLAYGROUND(NONESHOW1v) Assumptions and Clarifications Page 1 of 6 EXHIBIT B �� • PER PIAIVS A1VD SPECS EXHIBIT B BID CLARIFICATIONS COWAN SENIOR LIVII�IG 09/09/21 • ICL\G SYZE BRICK MATFRIAL ($4�/1000 BRICK AI.T.0�1'A2vCE) • IN7'EGRAL COLOR MORTAR • G� MoxrnR • MONtJMINI' SIGN �5,�0 (PEt�TDAG DESIGN/DETAIIS) • SrEu.�.axD WatE S1-m.uAG • 4s8x15/32" E�o�� I QUorED ILO 4Y&Y15/32" OSBlPi.nvooD Srxuciviui, l (NOT AVAII.ABLE). • i/2" Daas Gi,nnss II.O OSBlPcYwoon Err�uox SY-�nTT-mvc nT Au. NoN-S� WAus • CEMEN'ITI'IOUSPA24ELTOBENICf�II1-IAROUGHSAWNSMOKE • THE biANUFAC;I'URER IS NOT CURRE.1'1'LY OFFERING A 3-1/8" X 19.25 GLULA7v1 SO WE HAVE CARRIED �1 W/LF OR A TOTAL OF $8,600 FOR THOSE 2 BEAMS. • TI-IE MAIVC7FACI'URER IS NOT C[JRRF.�\'TLY OFFERIIdG A 7" X 18 PSL, 50 WE HAVE (',AFtRIED $100/LF OR A TOTAL OF �5,400 FORTHOSE 3 BFAMS. • TI3F.Y MAY I�TEED TO BE REDESIGNED TO ANO'I'I-IER SIZE OR SPEEL BUT WE CAFiRIF.D THE ABOVE COST IN TI-IE BID TO HAVE SOME MONEY IIv'CLUDED II3 THE BID. • CRO�VN MOLDING AT ANY LOCATIONS • ADIVSTABt� WatE St�.uuvG FW Cowan Place • CABINEI'S BY NIIKADA AS FOLLOFNS: • Al``Y OPIIv WOOD SHELVIlVG AREAS • 5-PtECE Woon Si-rn�st Dootts tvrrt t SLns Dar�H�t FYto:��s • WOOD MEDICIIv�E CABINEI'S • STAINED W STANDARD COLOR OPTIONS • C[TSTOM WALL FINISHES SHOWN ON SHEEI' A610 • FACE FRAMES ARE SOLID WOOD CAVERED 4�?CH HIGH PRESSURE IAr4IlVATE � N�JLI.OVE[tLAY • STANDARD DRAWER GL'IDFS AND I-II'�i'GES � 6" PULI. HARDWARE • An�iENI'I'Y CABIIv'fiT5 BY MIKADA TO MATCH UI�7C CASEWORK • QUAATZ COUIv'I'FRTOPS AS SPECIFIED • UNFACED BATT INSULATION II.O KRAFTI' FACED BATT INSN.ATIOI�T • GRAYCOLORTPOFORCANOPIES • HOT F7.UID-APPLiED RUBBERI7,.ED ASPHALT �VATERPROOFBvG -NOh'E SHOWN Assumptions and Clarifications Page 2 of 6 EXHIBIT B ,. ■ � �, EXHIBIT B BID CLARIFICATIONS COWAN SENIORLIVING 09/09/21 • EXTFRIOR BUII.DLIG ATTAQ��IED A\NNIIvGS INCLUDED AS ALUMII��'ITM II,O STEEL BY I • WIND UPLIF1' TESI' (PROVIDED BY OWI�'ER ff NECESSARY). ARCH FAB. • ROUND OR CUSfOM GUTTERS SHAPES • TRELLIS TO BE ALUNIlNIIM II.O STEF.I, BY ARCH FAB. • PVC LATEAR GUTCEFt • ST.AIIv'LFSS SI'F.FL �.ASHL��G MEI'AI. PnNE[S: • Pnc C[aD MPI F1.usx Wnu. S'�sr� � PROFILE - 12° WIDE �.USH PANEL SYSTEM • THICKNESS -.040 ALUIvIIIv'UM ■ Fnsr��s - Corc�D FAsrBv�a • Cowx-TBD(Kra.�500Pnm*rS1sr�) ' 30-�'�t,x Pnn.�' FYtv*tn� WntuinxrY • PAC CuD MP2A 7/8" COxuUGA'rFD Wntt SYsr�t • PROFILE-%/8��CORRUGATEDWALLSISTEM � TrIICIQ�FSS-.040ALUNII.\'UM • Fwsr�n�s - Fxros� FAsrII.�t • COLOR SYJBMI'tTING A Kl'NAR PAINI' S�STEM TO LOOK LII:E CORTIN CALLED WEA1'I-IEFtING STEEI. COLOR KYIvAR 500 PAINT • S�sr� (NOTE Au. MnT�us Hnvs Atv 8 W�r. LEnn T`m1s • 30-1'EARFLITISHWARItANTY • PnC CuD MP2B BoX RTs Pnt.*�[. S�STF1v1 � PROFIIE - PAC CIAD BOX RIB 7.2 WALL SYSTFM � THICHI�TFSS -.040 ALUMINUM ■ FnsrFrlFas - Exros�v Fnsr� • Cot.ox - TBD (K1:a.�500 Pnsrr SYsr�[) � 20-] EAR FA'ISH WARRANI'Y • W.a�a.SYsr�NoTEs: • - ASSOCIATED'IRIIvS PIECFS FOR EACH PAI�'EL SYSTEM WILI. BE ATSTALLED (J- Txrn�, BASE Diur EnG�, SrnirrFx Srtttr, Ou'rsIDE Cottt.�.[ts, • INSIDE CORNEILS, EI'C.) ' - Mrr� OursIDa Coxr*Eas • - ENCLOSED FASl'INER SYSTEM WILI. BE A'STAIi.ED USING CLIPS • - ENCLOSED FASTENER SYSTEM tiVIIS. BE IhSTAIi..ED MECHAI�'ICALLY FASTII�'IlVG Il�TO THE FASTFNII�G i-IF1vi • - BOTH L'�'SIDE AND OUTSIDE CORNERS CONSIST OF �T.° SI�IAPED PIECGS (6��6� WIDE)AIVDAREA"�'J�ACI-IF.DUSIhGRIVEI'STOTf�ff.PANEL ■ - ) T�[ rus.arr i %z" xEVFat � - METAL COLORS TO BE CHOSFN FROM SI'ANDARD CALOR Cf�IART, MEI'ALIdC AND PREA4IUM COLORS ARE AN UI'Q-SARGE (UNLESS COLOR IS SPECIFIED IN SCOPE OF WORK). • - WALL PANEL PROPOSAL IS VALID FOR 30 DAYS AFI'ER DATE OF ISSUANCE IF YOU I�*EED TO CONFII2M PRICING Af1'ER 11-IIS TIME PERIOD • PLEASE C'.,ALUEMAII. TO CONPII2M. • - SxoP DitnwcvG LanD Tm� IS 4 WF.�r.s • - MnT�uni. LEnn'I� IS 8 W�tcs FxoM �'Ifi� F�[.D M&asclxxFresh*rs Cnrr BE T.at�a ANn A GUr Lisr Rr�nsFn To MnrrUFncruRs - IT IS MANDATORY FOR ARCHITF�I' TO SIGN OFF ON Si-IOP DRAWINGS AhTD APPROVEALI. COLORS PRIORTO PLACING ORDER. MP2B PANEL 1�TE INQ.UDED IS BFZOW: FW Cowan Place Assumptions and Clarifications Page 3 of 6 EXHIBIT B �� EXHIBIT B BID CLARIFICATIONS COWAN SENIOR LIVING 09/09/21 f Y CS... . ... ... £ :�` . ..._:.�..�..�_... �..a.l . ;;. �� .,:'y'.'s'' �_ 3 ' %t Y 2 'f F �� :, ,��.,... y�,. �'� �� szr?YFst tx sa.,:xEas��. � aGSiS • INTERIOR 1�72AMED STOREFROhrf: CORAL ARCHITEC:I'[JFiAL PRODUCTS FL200 CEtvTI'FR-SEI' STOREFROh*r SYSI"EM WTCH 1-3/4" X 41/2" C[,ASS-II BRONZE AhODIZED NON-TrIFRMAL FRAMING, MEDNM-STII.E DOORS AND 1/4° SINGLE- Pnr*� CceaR T��r�D Noh-IhsucnT� Gcnzmc. • EXTERIOR STOREFRO,\'T: � CORAL ARQ-ffCEGTURAL PRODUCIS Ni3001' CFN'IFR-SEI' SI'OREFROI�'T SYsr� Wrrx 2"X41/2" GYnss-I DnxtcBROtszEAivOD�n Tr¢.ar-tnta.Y- BROKE FIWvtII�'G, I�4EDRTM-SCIIE DOORS Ari'D 1'� OVERALL GUARDIAN SNY 51/23Ci.enitT�r�vIAw-EIlvSvuTFvGt.nzmG. SrsrEt.lIlac[zmas SUBSII.IS WIR-I Etv'D DnMs. • CORAL ARQ-IITECiURAL PRODUCTS 1^�.6001' CEh C{CFR SEI' STORFFROiVI' SYSTEM WTTH 21/4" X 6" CI,hSS-I DnRK BROIv2E Tf-ff�RMAu.Y- BROKE FRnNm�G (FOR Orrrm�cs Tnu.�.aTr�n� 10' BurpoNorExc�o 12'6'�, A,�an 1" O��,anu. GuARDIAN SNX 51/23 CLEARTF.I�II>ERED LoW-E II.'SULaTEn GLnzI1mG. SYsr�t ItvCttmFs Sl �asn,tss V��rrx Er� D.�vS. • Ii.*r�uox GLnss P�*er.: C.R Lnu�cs 1-1/2" RECFss� U-G�-inrm*a In CLF�na AIVODIZED WIhi /4 � CI.EAR TEMF'ERED GLAZING APPLIED IN EQUAL-WIDTH Bvrr-Tom�r� SEcriohs. • Frr�Ess Roo;� Mmxoas rEaDFsrGx Bu� (No E[.evn�r[ors oN PLnhs) • SFE ATTACHED ��INDOWS F.�1�BIT FOR SPECIFICATIONS • PIFASENOTE'IZ-]ERFSvIARKINWINDOWSEHI-IlBIfFORWINDOWSTHAT\-VII.L REQUII2E VIItTTCAL FRANIIIvG IN ORDER TOIvIAINI'AIIVTHESTATED SOUND CONTROLRATAGS 'Ii�7ESE tTI�'I'TS 1NIII. NOT BE MUIS.ED AND NNSI' BE L�iSTAI3ED IN FItAMED IN ROUGH OPIIv'INGS. � COLOR �1'I�I'EONF�CTEI2IOR/tNHITEII�TI'ERIOR • PER PLANS AND SPECS • GLnss S1-iowFx Dooxs - Nor� Sxowiv • C[mrnIN W�. SYsr� - No� Sxotvr. • TrnE S, S-1, S-2, T, V. Noh� S�-iowrr • Bx.s�-M�r1u, HEaD, Ox J.�s Fv�sr�G - NorrE Sxotviv FW Cowan Place • WIlv`DOWS PER ARC1�I'ECI'CJRAL PLANS AND SPEC�7CAITONS (SEE INCLUSIONS) • TYPE C5 CEII.tNG • CORIv�ER GC7ARDS Assumptions and Clarifications Page 4 of 6 EXHIBIT B �� • EroxY Gxour • LATICREI'E 9255 HYDRO BAN FOR ISO CRACFC/WATFRPROOFING FOR TYI.E A PUBLIC AREAS • P�ttPtnxsf+rmSrECs • Wrattt.rooL ArPunrcEs - F,��.acY Srtut (Srntsnn�/ADA u��rrs) EXHIBIT B BID CLARIFICATIONS COWAN SETIIOR LIVING 09/09/21 • No Ta.e/Gxour S&� • No TUs Srams FW Cowan Place • WASHERANDDRI'FBSATUNI'I'S(WEWIILPROVIDECON1VECiTONSONLY) • LAUNDRYUNTI'SATCOMMUNIIYLAUIv'DRYROOMS(WEWII.I.PROVIDE CONNF.CITO�iS O:dLY) • Gns Arntutv�CFs • CoNv�c:rioh Ovnv • GEArrunt.cEs • -• . • . • . • • PER VE TRA(..'KFR DATED �6/24/21: • T'IFDICAI.IIv'I'FRCOM SYSTFi\Q PRE-WIl2E CCI�V ROUGH IN ONLY • PER VE TRACKER DATED 06/24/21: WI-N7 ROUGH L\' ONLY SIl�LY SAFE Sy3TFId AL4RMS AS REQiJF_S1ED BY O4VIv'ER CI.L7BHOUSE AL4RM SYSIEM SF.CLJRiIY CAMERAS AUDIO SYSI'EM AT C�,UBHOUSE • II.�cnuc �ncrioN �.evn�roas ol &02 w/ (5) Fxon�r �vrRnrc�s nrm (o) �nx � INCRFASED RATED LOADTO 3,000 IB II.O 2,SOO IB TO bIEET' SI'REI'CI-IF12 CODE REQI7Il2FIvIF1vTIS • EtF,C7P1ttCTRACLTONELEVATt�R03W/(4)FRONTIIdI12nIVCFSniv*D(1)RFAR � RATED LOAD To BE 3,000 IB Assumptions and Clarifications Page 5 of 6 I • In*ccvDFn : Wnu.covEx�res-No�Sno��m • 1-HOUR RATED INIUbSESCII�T PAATI' AT SI'RL7CTURAL SI'EII. • PAATI'II3G OFAtv'Y PIPING Ti-III2MAL TAPE SIT2IPING • 2-HOURRATEDIhTNIvIESCIIvTI'PAINfATSIRUCNFtAI.SI'EEL-ivOTSHON'N • BLATDS PER PIANS AND SPECS • MOTORIZFD SI-IADES AT CLUBHOUSE • PER VE'I'IUCKER DATED 06/24/21: • Pea VE TRACKZR DATED 06/24/21: APAR1'MINI' SPECIAI.'ITFS VE- SEE StTBMII'I'ALS SPFCIF''IED APARTMINI' SPEQALTTES PIASITC MEDICIlv'E CABIIv'EIS FIRE El'I'INGUISI�RS IIv Uh'II5 • Foivmc PAxnnoN sID ns SnaG� rnr�r.II.O Dousi EPn7.�, � �� ;,. �: � EXHIBIT B BID CLARIFICATIONS COWAN SENIOR LIVING 09/09/21 . HeutDSc:P.reI'rF1.�s • CPVCMAINSWfI'I�IPEXINUIv'II'S • CASTIItONPIPL�'GAHOVEFLOOR • COPPERINr-ffCf�IANICALROONLSONLY • PEXWATERIvL4IlvS • HOT/CQLD WATER ATSIDE BUII.DIl�;G TO BE CVPC • COPPER FOR DOMESITC PIPL'vG • HOT WA1'ER PIPA'G INSULATION • FiBII2GIILSS INSC7L°.TION • PER VE TY2ACKF..2 DATED �/24/21: • ROCK FXCAVATION SATKS (UIVDFRMOUNTSS) AND BATH2O0M IAVATORIFS (Uri'DERMOUNI'�NI-Il'I'E) • EXPAI�TSION TANKS FOR INDNIDUAL WATEftHFA'IERS TO BE PERTI-IEATTACHID SUBMR'I'AIS • PER VE TR.4CKF.R DATED �/24/21: PRICE PFLS'III2 FAUCETS PER EMAII. SPF�;ffTED SINKS AND BATHI2O0M LABORATORIES SPEQFIFD FAUCEIS • CONDFNSFR PADS PER SI-]E6T M-600, DEI'AII. 3. • CER'IIFiFD TESI'IIv`G & BAIAI��ATG IN UNIIS • TtIIRD PARTY CFR'I'II3ED TESI'ING AIQD BALANCING I2�' COMMON ARFA &OFFIC�S • SHEEC MEI'AL DUCIINORK • FRFSHAIItANDMOTORIZEDDAMI'ERSINTI-IECAMMONARF�S • �I�FMP.HVAC • HOID DO�NN / BOLTAG OF CONDENSING LI1V71'S ONTf3E ROOF T0 4X4'S • COri'TROII.FD MOTORIZED DAMPFRS IlV L7I�TIIS • OUISIDEN7tESHAIIt FORUNrtS PEaDEt'AII,1-MECHANICnLGROU:.'DLEVEL • PERVETRACI�RDATEn06/24/21: NORTHUNII'PIANAl-OADUCTT04l'II'fiFIREANDAII2DAMPFRTOBERUVIN �1�f�III2MAR.IXFLFF��i.O�VEI.BOWSUPPORT TRUSS SPACE-62 EACF-L • OH TO UG SCOPE OF WORK BY O'I'1�ff.RS FXCEPT FOR CONDUII" Nv'D CONDUTT PIACEMENT • FFEDERS TO BEALU1�IlIv'UM • G�utwua.sEn[.u�matr;�a � PER ADDINDA 5 AND VE TRACKER FW Cowan Place • ROCK RENIOVAL DUI2II3G TRIIvQ-IING BEYOri'D CAPABIISITES OF CASE 580 EQUIPMII�TI' • PER VE TRACI�.R DATED �/24/21: COPPER GEAFt Assumptions and Clarifications Page 6 of 6 Exhibit C— Drawings and Specifications Index Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT C Drawings and Specifications EXHIBIT C Px1�r�c� �� B:�s�� r��:� �rx� ��.�.e.��'�� FW Cc�wan Place ■ I�R,�Z�'I:�GS L�:�.T�I�: O�: i��'s`�?f�? �— ISSt;EI� PrI' �E��`v�T BE�'tiER P�.RT:4�RS ��CTFiC:�TIC��S D�.�`EU. ('l1='��}"?il? 1--- I��:�T.} $�: F3E�1�T �3�:��T: P:�RT:<`�R,S ■�r��;1-� 1 D�TE�� i;;�`fl�.��"��'I --Tss�� B� �L€�C'�.��x�a��;E 8: PxE- PR�SE� T.�TI�?11 ■ �bDE�i�L-1-1 ? I):�TEi1: �}?£,l� "?0�,� . �S�t��D.PI. BL{��.:Ii �E'�"I;Eti��i�?G BIL� I�,�TE� » .:�.n�� z�.�T��: o �.��?��?o� � - ��:�� - si�c�� -�� o� ::�:�� D:�`rE E�T�tis�c�� Is�t��z� �rc� St'��` ■�DT?EtiI�L`:��1 � I�.�.TED: (.��.'`C�I �'��' l. -�- � a�t'�U BI' BEZ��T BE:�:��R F'�:Ri`��:25 ��`�t�z� IPR�` P�..�.ti�) " �.L3i3E�Dt;�1-i � D.�TED: ��'I I�'"�i��.I — T�SL>El� �1' �3E�'�3�T PE:��:EIt P.�R�ER� Drawings and Specifications Page 1 c�f 1 EXHIBIT D Form of Affidavit and Certificate of Completion Exhibit D- Form of Affidavit and Certificate of Completion Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT D EXHIBIT D AFFIDAVIT AND CERTIFICATE OF COMPLETION THE STATE OF TEXAS COUNTY OF TARR.ANT FW Cowan Place BEFORE US, the undersigned authorities, on this day of , 202_ personally appeared of Bennett Benner Partners, Inc. ("Architect"), and of the Block WT Cowan Place GC Joint Venture, a Texas joint venture ("Prime Contractor"), and FW Cowan Place, LP., a Texas limited partnership ("Owner"), known by us to be the persons whose names are subscribed below, and who, being by frst duly sworn, did on their oath state and certify as foilows (on behalf of Architect, Prime Contractor, and Owner, respectively, and not individualiy): l. Owner, whose address is 720 Olive Street, Suite 2500, St. Louis, MO 63101, is the owner of the real property (the "Premises") situated in Tarrant County, Texas, more particularly described on Exhibit "A", on which certain real property "Improvements" (herein so calied) were constructed and furnished under the original contract with the Prime Contractor, whose address is 619 Jefferson Highway, Suite 2G, Baton Rouge, LA �0806 2. Tlle Improvements under the originai contract between the Owner and the Prime Contractor (including all on-site and off-site Improvements) have been completed in substantial accordance with the approved Plans and Specifications listed on the attached Exhibit "B" as of [insert date]. 3. After reasonable investigation, to the best of their knowledge, (a) the Premises complies with all applicable restrictive covenants, building codes, permit requirements, and ail other applicable laws, ordinances, codes, rules and regulations and (b) no hazardous or toxic substances or materials, as defined under any state, local or federal law, have been used on-site in constructing the Improvements or incorporated into the Premises, other than in compliance with applicable ]aw. 4. All utility services necessary for the proper operation of the Improvements for its intended purpose are connected to and in sufficient capacity at the Premises, including water supply, storm and sanitary sewer facilities and gas (if the Plans and Specifications require the Improvements to be served by gas), electricity and telephone facilities (in the case of Owner, this statement being made to the best of Owner's knowledge). 5. Prime Contractor understands and acknowiedges that pursuant to Section 53.106 of the Texas Property Code, any claimant providing any labor, materials, equipment and/or other work and/or services related to the Premises or Improvements, whether Prime Contractor or any subcontractors or suppliers of Prime Contractor, may not have a lien on retained funds unless the ciaimant files an affidavit claiming a lien not later than the 40th day after the date the work under the original contract is completed. 6. The Improvements are ready for immediate occupancy (in the case of Owner, this statement being made to the best of Owner's knowledge). Architect did and does hereby additionally state and certify as follows: Form of Affidavit and Certificate of Completion Page 1 of 6 EXHIBIT D FW Cowan Place (a) Design and as-built conditions for the Premises are such that no drainage or surface or other water other than normal surface drainage wiil drain across or rest upon either the Premises or land of others; and (b) None of the Irnprovements creates or will create an encroachment over, across or upon any of the Premises boundary lines, building liens, setbacks, rights-of-way ar easements, and no buildings or other Improvements on adjoining land create such an encroachment. Affiant did and does hereby additionally state and certify as fol]ows: A11 roads and rights-of-way necessary for the utilization of the Premises for their intended purposes have been completed or acquired. AFFIANT "ARCHITECT": Bennett Benner Partners, Inc. By:_ Name: Title: SUBSCRIBED AND SWORN BEFORE ME, on this day of , 20_, by of Bennett Benner Partners, Inc., on behalf of said corporation. Notary Public, State of 118�15314\V-2 Form of Affidavit and Certificate of Completion Page 2 of 6 EXHIBIT D AFFIANT "PRIME CONTRACTOR": FW Cowan Place BLOCK WT COWAN PLACE GC JOINT VENTURE, a Texas joint venture By: Block Builders, LLC, a Louisiana limited liability company its managing venturer : Jason E. Ke]ler, Managing Member SUBSCRIBED AND SWORN BEFORE ME, on this day of , 20 , by of Block WT Cowan Place GC Joint Venture on behalf of said corporatian. Notary Public, State of ll 8515314\V-2 Form of Affidavit and Certificate of Completion Page 3 of 6 EXHIBIT D FW Cowan Place AFFIANT "OWNER": FW COWAN PLACE, LP, a Texas limited parmership By: FW Cowan Place GP, LLC, a Texas limited Iiability company, its general partner By: Fort Worth Affordability, Inc., a Texas nonprofit corporation, its sole member By: Name: Mary-Margaret Lemons Title: Secretary/Treasurer By: FW Rosedale MBS SLP, Inc., a Missouri corporation, its Special Limited Partner sy: Name: Vincent R. Bennett Title: President SUBSCRIBED AND SWORN BEFORE ME, on this day of , 20 , by of FW Co��an Place LP, a Texas limited partnership, on behalf of said corporation. Notary Public, State of 118515314\V-2 Form of Affidavit and Certificate of Completion Page 4 of 6 . � Exhibit °�A" Legal Description [attached] 118515314\V-2 FW Cowan Place Form of Affidavit and Certificate of Completion Page 5 of 6 EXHIBIT D Exhibit "B" Plans and Specifications [attached] 118515314\V-2 FW Cowan Place Form of Affidavit and Certificate of Completion Page 6 of 6 Exhibit E — Proiect Schedule Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT E Project Schedule EXHIBIT E ID _. iTask ;Task Name ;Duration ;Start ;Finish ;Predecessors 1 i Cowan Place 391 days 'Mon 9/20/21 Mon 3/20/23 ' _i __ . _._._ _____ _.___ __ ..._ _ _, _..... _..._ _......... _. .__ __. __ _.._ _ 2 Pre-Construction Meeting 1 day Thu 9/16/21 Thu 9/16/21 ' 3 Notice To Proceed 1 day Mon 9/20/21 Mon 9/20/21 4y . x. ° Mobilization l day Mon 9/20/21 Mon 9/20/21 < _ __ 5 ;# �., De-Mobilization 1 day Thu 3/30/23 Thu 3/30/23 6 '�-� Submittais 90 days? Tue 6/1/21 Mon 10/4/21 _......: _ _. _._ 75 : ' Site Work 394 days 'Mon 9/20/21 Thu 3/23/23 76 i �`-� Erosion/Traffic/Temp Fencing Measures 1 day Mon 9/20/21 Mon 9/20/21 _.....__.€ 77 : �".� Dirtwork 20 days Mon 9/20/21 Fri 10/15/21 : . 78 : �"� Underground Wet Utilities 30 days 'Mon 10/18/21 Fri 11/26/21 77 80 : �-� Underground Electrical Utilities 30 days 'Mon 10/18/21 Fri 11/26/21 77 ..............i. __.__ ....._. __.__ ._._.. ___._ ......_. .___ .____ ...__.. .__._. __..... ._..�; ..._,_.__... 82 �'�`.� , Grading 10 days ,Thu 1/6/22 'Wed 1/19/22 95 79 i� �-, Paving 10 days Thu 1/20/22 Wed 2/2/22 82 ......._...i .._. . ... .. .... . ...... ......... ......... ...... . ....... ......... ..... .. . ............... 85 ;,�, �-r Retaining Walls 10 days Thu 1/20/22 Wed 2/2/22 82 81 s ',�".� Sidewalks 10 days ,Thu 8/18/22 ;Wed 8/31/22 158 84 �'�-� Landscaping 16 days Tue il/1/22 Tue 11/22/22 81 _< __ _ _ _ __. ____.. __.__ _ , __,...._ _..... _.. 83 i '�'-� i Fencing 6 days Wed 11/23/22 ',Wed 11/30/22 84 86 '�� ' Building A 252 days Mon li/29J21 Tue 11/15/22 ____ _ _ _ _ __.___ 226 : Building B 290 days Mon 12/13/21 'Fri 1/20/23 _; ' 366 € Building C 325 days Tue 12/Zl/21 Mon 3/20/23 ' ._.� ` 531 : ;; Permission To Occupy 1 day Mon 3/20/23 Mon 3/20/23 ' _..: . .,....._.. _ __. _ _,,..... _... _...,,. _; _._. 532 Final Completion 24 days 'Mon 3/20/23 Thu 4/20/23 ' Page 1 FW Cowan Place Project Schedule Page 1 of 1 Exhibit F- Form of Lien and Claim Waivers Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT F Texas Statutory Form of Lien and Claim Waivers 1. Texas Conditional Waiver and Release on Progress Payment 2. Texas Unconditional Waiver and Release on Progress Payment 3. Texas Conditional Waiver and Release on Final Payment 4. Texas Unconditional Waiver and Release on Final Payment = I " " 11851 �315\V-I FW Cowan Place Form of Lien and Claim Waivers Page 1 of 9 EXHIBIT F FW Cowan Place CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. On receipt by the signer of this document of a check fi•om (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location) to the following extent: (job description). This release covers a progress payment for a11 Iabor, services, equipment, or materials fiirnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materiais, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress paylnent request(s). jsignatures on following pageJ Texas Conditional Waiver and Release on Progress Payment - 1 = I " " 118515315\V-I 118515315\V-I ] 18515315\V-1 Form of Lien and Claim Waivers Page 2 of 9 : Date : STATE OF ) ) SS. COUNTY OF ) (Company name) (Signature) (Title) FW Cowan Place On this day of , in the year 20 , before me , a Notary Pubiic in and for said state, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officiai seai in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Conditional Waiver and Release on Progress Payment - 2 = 1"" 118515315\V-1 11851531�\V-1 11851531�\V-I Form of Lien and Claim Waivers Page 3 of 9 EXHIBIT F FW Cowan Place NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. The signer of this document has been paid and has received a progress payment in the sum of $ for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location) to the following extent: (job description). The signer therefore waives and reieases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the above referenced project to the following extent: This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in tl�e attached state�nent(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in fuil all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). [signatures on followin; pageJ Texas Unconditionai Waiver and Release on Progress Payment- 1 =1 "" 11851531�\V-1 I18�15315\V-1 11851�315\V-1 Form of Lien and Claim Waivers Page 4 of 9 EXHIBIT F Date : STATE OF ) ) SS. COUNTY OF ) (Company name) (Signature) (Title) FW Cowan Place On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHBREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expi Notary's Seal: Texas Unconditional Waiver and Release on Progress Payment - 2 = 1 " " 118515315\V-1 118515315\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 5 of 9 EXHIBIT F CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No. FW Cowan Place On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that compiies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location) to the following extent: (job description). This release covers the finai payment to the signer for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppiiers for ail work, materiais, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. �signatures on following pageJ Texas Conditional Waiver and Release on Final Payment- 1 = 1"" 118515315\V-1 1185153151V-I I I851531�\V-1 Form of Lien and Claim Waivers Page 6 of 9 EXHIBIT F FW Cowan Place Date : (Company name) (Signature) (Title) STATE OF ) ) SS. COUNTY OF ) On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Conditional Waiver and Release on Final Payment - 2 =1 "" 11851531�\V-I 118515315\V-1 ll8515315\V-1 Form of Lien and Claim Waivers Page 7 of 9 EXHIBIT F FW Cowan Place NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No. The signer of this document has been paid in full for all labor, services, equipment, or materials furnished to tlle property or to (person with whom signer contracted) on the property of (owner) located at (location) to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, ru1e, or statute related to claim or payment rights for persons in the signer's position. The signer warrants that the signer has already paid or will use the funds received from this fina] payment to promptly pay in full all of the signer's laborers, subcontractors, inaterialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. [signatures on following pageJ Texas Unconditional Waiver and Release on Finai Payment - 1 = 1"" 11851531�1V-1 ll 851531�\V-1 118515315\V-1 Form of Lien and Claim Waivers Page 8 of 9 EXHIBIT F FW Cowan Place Date : (Company naine) (Signature) (Title) STATE OF ) ) SS. COUNTY OF ) On this day of , in the year 20 , before me , a Notary Public in and for said state, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. NOTARY PUBLIC Print Name My commission expires: Notary's Seal: Texas Unconditional Waiver and Release on Final Payment - 2 = 1"" I 18515315\V-1 1 18515315\V-I I 18515315\V-1 Form of Lien and Claim Waivers Page 9 of 9 Exhibit G- Federal Davis Bacon Waqe Decision Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT G "General Decision Number: TX20210015 01/01/2@21 Superseded General Decision Number: TX20200015 State: Texas Construction Type: Residential Counties: 7ohnson, Parker and Tarrant Counties in Texas. Residential Projects consisting of single family homes and apartments up to and including 4 stories. Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after 7anuary 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 * SUTX1990-020 04/01/1990 Rates CARPENTER (excluding drywall hanging and form setting).......$ 9.315 CEMENT MASON/CONCRETE FINISHER (Excluding form setting) .........................$ 9.48 DRYWALL HANGER ...................$ 9.00 E�ECTRICIAN ......................$ 10.214 Fringes FW Cowan Place Federal Davis Bacon Wage Decision Page 1 of 4 EXHIBIT G Form Setter ......................$ 9.194 HVAC MECHANIC (including duct, excluding pipe work).......$ 8.337 Laborer, common ..................$ 7.25 Painters: Brush .......................$ 8.85 Spray.......................$ 1@.@0 PLUMBER (Including HVAC WORK)....$ 10.687 ROOFER, Including Built Up, Composition and Single Ply Roofs ............................$ 8.646 Sheet Metal Worker (Excluding HVAC-duct work) ..................$ 14.103 TILE SETTER ......................$ 11.5@ TRUCK DRIVER .....................$ 7.25 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after 7anuary 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical FW Cowan Place Federal Davis Bacon Wage Decision Page 2 of 4 EXHIBIT G order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing far that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is 7uly 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in 7anuary of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- FW Cowan Place Federal Davis Bacon Wage Decision Page 3 of 4 EXHIBIT G WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a canformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of �abor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review eoard are final. ---------------------------------------------------------------- ---------------------------------------------------------------- � END OF GENERAL DECISION FW Cowan Place Federal Davis Bacon Wage Decision Page 4 of 4 Exhibit H- HUD Federal Labor Standards Provisions (Copeland ("Anti-Kickback" Act) Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT H FW Cowan Place Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the Unifed Sfafes of F�,merica and the fioilowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appiicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fuii amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardiess of any contractual relationship which may be aileged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under pians, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actuaily performed, without regard to skiil, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actualiy worked therein: Provided, That the empioyer's payroil records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additionai classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any ciass of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be ciassified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2} The ciassification is utilized in the area by the construction industry; and (3} The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) in the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to aii workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shail either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an houriy cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 HUD Federal Labor Standards Provisions (Copeland Act) Page 1 of 5 EXHIBIT H of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the pian or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federaliy-assisted contract subject to Davis-Bacon prevailing wage requirements, which is heid by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheid for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller Generai shaii make sucn disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis-bacon Act) daily and FW Cowan Place communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payroils to the appiicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolis submitted shall set out accurately and completely ali of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shaii not be included on weekly transmittals. Instead the payrolis shall only need to include an individually identifying number for eacn employee (e.g., the last four digits of the employee's sociai security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is availabie for this purpose from the Wage and Hour Division Web site at h#tp:1/�mww.dol.qovlesa/lvhd/forms/wh347instr.him or its successor site. The prime contractor is responsible for the submission of copies of payrolis by alI subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolis to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shali certify the following: or program described in Section i(b)(2)(B) of the Davis- �1) That the payroll for the payroll period contains the Bacon Act, the contractor shali maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being mai�tained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 HUD Federal Labor Standards Provisions (Copeland Act) Page 2 of 5 EXHIBIT H (2) That each laborer or mechanic (including each helper, apprentice, and trainee) empioyed on the contract during the payroll period has been paid the full weekiy wages earned, without rebate, either directiy or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shali satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) availabie for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are empioyed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticesnip Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Empioyer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shali not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any II t t' t h FW Cowan Place is not registered or otherwise employed as stated above, shall be paid not less than the applicabie wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the appiicable wage rate on the wage determination for the work actuaily performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shali be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen houriy rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable ciassification. If the Administrator determines that a different practice prevaiis for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor wiil no Ionger be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees wiil not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individualiy registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the fuii amount of fringe benefits listed on the wage determination unless the Administrator of the Wage a�d Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any empioyee listed on the payroll at a trainee rate who is not worker listed on a payro a an appren ice wage ra e, w o registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 HUD Federal Labor Standards Provisions (Copeland Act) Page 3 of 5 EXHIBIT H the Employment and Training Administration shail be paid not less than the applicable wage rate on the wage determination for the work actualiy performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no Ionger be permitted to utilize trainees at less than the applicable predetermined rate for the work performed untii an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shail comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to inciude these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ali the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. Ail rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shail not be subject to the generai disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be FW Cowan Place awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminai Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Compiaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicabie shali be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his empioyer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shail require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek uniess such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be Iiable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individuai laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 HUD Federal Labor Standards Provisions (Copeland Act) Page 4 of 5 EXHIBIT H (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the ciauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are appiicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shail be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shail comply with ail regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. FW Cowan Place Previous editions are obsolete form HUD-4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 �IUD Federal Labor Standards Provisions (Copeland Act) Page 5 of 5 Exhibit I- HUD Section 3 Provisions Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT I HUD Section 3 Rules and Requirements `I'itle ?�: Housing and Urban Develapmellt PART 135-EC�NOMIC OPPORTUNITIBS FOR LOW- AND VERY LOW-INCOME PERSONS �t35.38 Secuon 3 clause. FW Cowan Place All section 3 covered contracts shall inclL�de the follawing clause (referrec( to � the section 3 clat�se): A The �vork to be performed under tivs contract is subject to the raquirements ofsection 3 of d�e Housing and Urban Development Act of 1968, as a�nended, 12 U.S.C. 1701u (section 3). The purpose ofsectian 3 is to ensure that employment a�ld other economic oppOlriulities generated by I-�UD assistance or HUD-assisted projects covered by section 3, shall, to the ��•eatest extent feasible, be directed to low- and very loa--incame persons, p��rticularly persons «�ho at�e recipients of HUD assistance far h�using. B. 'il�e parties to this coutract agree to camply with HUD's regulations in 24 CFR part 135, wh�eh implelnent section 3. E1s evidenced by their execution ofthis-contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complyin� with the part l35 regulations. C The contractor agrees to send to each labar aigallization or representative ofworkers with which the contractor has a collective bargainiug agreement or other undet�stauding, ifany, a notice advising the labor organization ar workers' representative ofthe contractor's coimnitments under this section 3 clause, azid wi11 post copies afthe notice in conspicuous places ai the �vork site where both employees and applica��ts for training and einploymel7t pasitions ean see the notice. The notice shall describe the section 3 preference, s}Zall set fortl� minimum number and,jab titles subject to hire, availability ofapprenticeship and trainin� positions,�the qualifications for each; ar�d the narne a��d location ofthe person(s) taking y applications for each ofthe positions; and the anticipated date the work shall begin. T1 �I7�e cantractoz• agt•ees fo include this sectian 3 elause i�� every strbcantract subjec� to compliance «-ith regulations �1 24 CFR. part 135, a��d a�n•ees to take appropriate action, as provided in an applieable provision oftl�e subcontract or in this section 3 elause, upon a finding that the subcont�•aetor is in violation ofthe regulations in 24 C.FRpart 1.35. The contractor u-i11 nat subcontract witl� a��y stibcontractor where the contractor has notice or is�owledge that the subcontractor has been found in violation ofthe regulations in 24 CFR pa�t 135. Page 1 of 2 HUD Section 3 Provisions Page 1 of 2 EXHIBIT I FW Cowan Place E. The contractar will �ertify tliat any vacant eznployn�.ent pasitions, inclu�►ng traini�g positzons, that ate filled �l} a�er tl�e eontrac#or is selected but before tlle cantr�ct is execr�ted, �ad (2) �vi#h persoi�s ather thaii those to wham tite regt�I�tions of2A CFR pa�-t I 35 require emplayment opportunities ta be directeds �vere not filled #o circun�vei�t tlze contractar's obligations under 2� GPR �a�t I3S. �. Noncornpiiance witlt HUD's re�ulations i�� 2� CFR part 135 may r�suli in sauwt�ons, texminatioii of tlus contract foz ciefault, ancl debarm�nt or suspensiQn fiot3� futu�-e HUD �SS1.Si�{� COI1ti�C�S. G, �'�it�'� respect ta �vork p�-ft�rmed in catu�ection with section 3 cavered India�l housing assis#ance, section 7(bj of the In�iazz Self-Determina#ion and Education Assistance Aot {25 U.S.C. 4�Oe) also appiies to the vvork to be perfornisd under this c�ntract. Sectior. 7(b} requires t�at tt� the �reatest extent feasibie (i) preferenee and opportunities far #raik�ing an� employment sha1l be given to Indians, and (ii) prefere�ice in the award of contracts and subcqn#racts shatl be given to 7nriian organizatians and Indian-c�wned Econa�nie Enierprises. Parties to this co�itraci tl�at are subject to tl�e pravisions of section 3 and sec#ion 7(h) agree to camply wi#h section 3 to the maximz�m extent feasible, but not in �ierogation of can-�pliance �viih section 7(b}, Page 2 af 2 HUD Section 3 Provisions Page 2 of 2 Exhibit J- Builder's Risk Insurance Security Requirements Previous editions are obsolete Construction Contract HUD-92442M EXHIBIT J �� , i�? � t_� ;� �, �; �. �. :r ^ �. i� �' I � �.i �< FW Cowan Place 4d� � �l $ ., �� .,� � : � � �.. < W � Minimum Performance Requirements for Surveillance Systems • The surveillance company's monitoring center must be owned and operated within North America and be UL Certified; TMA (aka CSAA) Membership and Five Diamond certification preferred. • The surveillance system must cover 100% of the site perimeter in low light conditions using IR illumination or thermal imaging cameras. • The system shall detect and discriminate, in real-time, the intrusion of persons or vehicles along the site perimeter using automatic visual content analytic capabilities and zone calibration functionality to reduce false alerts. That event will be sent to the monitoring station to verify the intrusion and prompt an immediate response. • The surveillance system must have the foilowing deterrent feature: (to the extent permissible by local ordinance): (a) live audible voice-over capabilities to "talk down" an intruder at any point along the site perimeter; (b) strobe, or lighting feature, as visual indication to the intruder that the system has detected them. • The surveillance system must have a battery backup capabie of running the entire system for 4- 6 hours for 120 VAC based systems or 12 Hours for solar based system. All batteries (primary or backup) shall be monitored for battery health so that if battery power is down to 2 hours of battery life, the monitoring center will prompt an alert in order to dispatch site personnel to energize the system. • The surveillance system's backup power source shall be tamper-proof. Additionally, sudden and unexpected losses of backup power shall prompt a response similar to an intrusion into the site. • System monitoring (response enabling) must be `armed' during all non-working construction hours. Additionally, the system must have a failsafe method to `arm' itseif based on a pre- determined time schedule. • The surveillance system must have daily random cycle counts of camera FOV's to check camera view and site health. • Insurer shall have the ability to visit the vendor's monitoring center and have access to their cameras. This access shall be used strictly for the purposes of auditing the vendor to ensure the system is operational and in compliance to the aforementioned security standards. Tattletale Minimum Performance Requirements: • Secure the entire first floor of each building with exterior motion sensors. • Securing the first floor is the frst line of defense against arson as well as burgiary. • Rise fire sensors to be spaced about every 50' throughout the buildings on every wood frame floor. • The signal boosters will boost the signals to the wireless sensors on every floor of each building. • Customer's application transmitters are hooked up to the existing fire systems flow sensor and a domestic water line flow sensor is hooked up to the tattletale system. Water Detection System PerFormance Requirements: • System must be connected to the existing fire systems flow sensor and domestic water line flow sensor Builder's Risk Insurance Security Requirements Page 1 of 2 EXHIBIT J FW Cowan Place �� -II� L� � 3� ; i `� � ;"' ; � ��7 � � �:� � �`� �' �es �`'�, � � � % i `d v � � . ^: %�; t . .. ,,. ,_ � E i � �``: ., Please contact vendors directly to request a quote for an electronic surveillance system and/or water detection system and be sure to include the site plan and project schedule. Upon contacting the vendors please indicate that you would like the Highland Security System for a discounted rate. �r�ss:s.� s'��;��:: f�"s� :;�`�,��s;i� k�;z'4�SEe ��;��, �,w� `��c�?��i:� r�=�'#�Y a�;3 t�e��vi�";� c��`�.�. f�h,::�ae;E"w I'l��i �xr�'t�i`< s x$�"<r'��:�� ,%�.<t �"�;�e?i�� ;R .w �;:x�r� E,�%�x� �,3i ��"as'�, `v�f�c,,,i?:�� £:�3,«�z�� ;.iX� �� t.€7;,�k:$'r:l,s i;<� s,�sS€'�� is3�; .��'.,.�ac".�"� .�� ,<U"z�,�' t saU�4us�"w< �s�=��rs.�: a�'�:£ #Jv'"�%�l�€�.� s� �`*��c#;�[� E.}ii €.i"E� �s�siit�qf. VENDOR CONTACT LIST: �i°[ �� Paul Thompson: ��.�� €�I��€�� Otfice: 213-454-6544 Email: p.thompson@rtisystems.com Branden Hall Office: 209-247-6503 Email: branden.hall@coliantsolutions.com �� Denise Rodriguez: Bryan Sarreal: Office: 310-878-8149 Email: drodriguez@CPSSecurity.com Email: bsarreal@ecamsecure.com a�� €��r�r�e� ��r{� ��€��r� �� i �'�i�� r�� Paul Gross: Otfice: 929-281-7483 Email: pgross@stealthmonitoring.com ��r� �� Rodney Wilkerson: Office: 801-367-0726 �"�t��:£�� Geno DeStefanis: Office: 614-570-6539 ��r�� €r��€If�r�� Ryan Bowers: Office: 405-693-3858 Emaii: rodneyw@fedorasecurity.cc Email: GDeStefanis@tattletale.com Email: ryan.bowers@pro-vigil.com Builder's Risk Insurance Security Requirements Page Z of 2 Exhibit J-1 - Securitv Aqreement are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT J-1 Cowan Place LP do McCormack Baron Salazar, Inc 7�0 Olive Street Suite 2500 MO 63101 �„ FW Cowan Place ACCount Executive: Kim Cunningham 3400 Airport Way. �ong Beach, CA 90806 www.ecamsecure.com st �°"'S, Our success is based on a top management team with in Surveillance Technology, Security Solutions, Structured Cabling, Wireless Networking and Services. We have a capable, creative team with the vision and energy to effectively manage a growing company. ECAMSECURE is built on over 20 years of security industry experience; we understand the security business and the dynamics of the marketplace. Headquartered in California, the company has over 100 employees working in over 15 offices across the United States including Arizona, California, Georgia, Louisiana, Nevada, and Texas. Our company provides dependable, reliable and efficient security service and solutions for commercial industries in the public and private sectors. ECAMSECURE provides complete Integrated Solutions: • Mobile or Video surveillance systems • Stationary Video Surveillance, design, install & service • Structured Station single-mode and multi-mode fiber optic Cabling. • Access Control from Single to Enterprise Solutions. • Secured, Online Remote-Monitoring and dispatching. • Time-�apse of your onsite installation/construction. • Local Service/Maintenance programs. ECAMSECURE has installed and implemented comparable solutions for numerous private businesses and public entities in the Southern California region. Mobile Video Surveillance, Access Control and maintenance security services were products provided to some of our customers. � �� ,^� x �",v/ � �;, . � � �� '�f��.� , ��<� ,��'3 � � � ..,w,. LF.SY)�. - iC£t � e�r7,� �'tx� � � ` q'�� B?3Vi€ Security Agreement Page 1 of 15 EXHIBIT J-1 � � �� _ : FW Cowan Place ECAMSECURE is proud to present this Proposal (along with the attached Terms and Conditions) to meet your security and surveillance requirements for the project listed above. The solution described by ECAMSECURE in this Proposal completely satisfies all builders risk security requirements. Builders risk security requirements provide basic security and surveillance coverage in the construction site from intrusion and vandalism. The ECAMSECURE complete security solution is scalable to all levels, and we can provide a myriad of other security and surveillance solutions that can compiement this primary security proposal. in order to fully understand the security offering proposed within, we encourage you to contact ECAMSECURE customer representatives for a direct consultation. ECAMSECURE is available at: 3400 E Airport Way Long Beach, CA 90806 (888)993-0313 info@ecamsecure.com Security Agreement Page 2 of 15 EXHIBIT J-1 � � �v .a „ _ r . .. .� � �, � ,: �► FW Cowan Place While other security companies provide either cameras or physica) security guards, ECAMSECURE is the only company that seamlessly integrates leading-edge detection technology with rapid-response physical guards to fully secure jobsites. � ", �` . � r � , >< � .!= s, ,�. ; , w ECAMSECURE's wide regional footprint has over 100 employees working in over 15 offices across the US including Arizona, California, Georgia, Louisiana, Nevada, and Texas. �. � .. w_ _., . � � �� ,< � , , . ,_ < , , �; . , , ti� � ��i. f, �'� Security Agreement Page 3 of 15 EXHIBIT J-1 ��, � : r' : ' � � 3�L , " � �E 3: , FW Cowan Place We engineer our optional solar mobile surveillance units to be fully self-contained with an average runtime of up to 14 days without direct sunlight. If you need even longer runtimes, our MSU Hybrid can run for several months �- � � �� C�s To ensure the highest quality products, we source our HD cameras from US-based manufacturers. We are certified vendors for Axis, Avigilon, and Bosch. arr a�• Security Agreement Page 4 of 15 EXHIBIT J-1 FW Cowan Place � �� .�� ECAMSECURE's commitment to keeping your site secure does not stop at theft and vandalism. We also secure your site from . �. %a , �. .: . �, ; = s � � :. a� � ,._ � S�rrt�r� ner.�y' ��t-�1.1t�C11� ��s��t�:- �,3c�s!`dea ��`�i�� a��:� � �� . �� c� ��?�ci�� :� �� {�'+� `,t"� ��""�' 5ot=ri�i:i�� c>>�,rore�,:� �� Security Agreement Page 5 of 15 fire and flood using the latest detection technology. EXHIBIT J-1 � y FW Cowan Place ECAMSECURE's commitment to keeping your site secure does not stop at theft and vandalism. We also secure your site from fire and flood using the latest detection technology. Our flood detection and monitoring service utilizes the latest in water flow meter technology that aferts us whenever there is a change in water pressure. We offer fire detection and monitoring using thermal imaging cameras and air sampling detection systems. 4 .:: � ` ' ,, �'~ �, ; �t ' '� t �* _ Our Water Flow Meter Includes: • Monitoring of all automated alerts by our Command Center • Instantaneous notification of waterflow pressure changes • Complete supervision of equipment functionality • Non-Contacting Clamp-on Ultrasonic Transducers • Works on metal and plastic pipes • Large Backlit Flow Rate Display • Isolated 4-20mA Output • 2 Programmable Control Relays Security Agreement Page 6 of 15 EXHIBIT J-1 � �. : � � � � FW Cowan Place Our thermal imaging cameras have the ability to detect the slightest changes in ambient lighting and temperature. In combination with advanced video analytics and integration of our 24hr Command Center your site will be protected from the risk of fire. �"hers��! ��:aging ��re D��ect�Q:� l��I€�des: • Monitoring of all automated alerts by our Command Center • Complete supervision of equipment functionality • Flame, light and ambient smoke detection Security Agreement Page 7 of 15 EXHIBIT J-1 �� , � ; , � , , ... y: FW Cowan Place Perimeter security is the first line of defense when it comes to protecting your property. A pivotal part of securing the perimeter is installing a fence on site. While a structured perimeter will increase the protection of assets, employees, etc., integration of fencing and technology can provide an elite level of security with a focus on preventing intrusion and theft. � � � �: � � Photoelectric beams can add an invisible pair of eyes to a fence line or entrance that can detect motion up to hundreds of feet away. In the case of possible intrusion, the unit is able to send a notification to our Command Center where the event will be reviewed and verified. Our monitoring team will take the appropriate actions depending on your specific security solution. �,�..� � � Defining a specific perimeter using video analytics ensures a security solution that is both efficient and effective. This provides our technology with the ability to outline your perimeter, physical or invisible, allowing for more specific areas of protection. �� r��e Protecting your property at night is an essential aspect of securing the site. Thermal imaging can be used to detect heat signatures as well as motion. Given that lighting is not necessary, this is a perfect solution for dark areas and after hours. These cameras provide increased coverage not only at night, but also function during the day and in bad weather areas. Thermai imaging greatly increases threat detection capabilities by allowing a faster response to intrusion that may remain undetected to the naked eye. Security Agreement Page 8 of 15 EXHIBIT J-1 � ^ �r � ^� � .�' . � � «: � �. # > �. 2.1 Mabile Surveillance Unit Mini �MSU Mini}: • 2 High Definition day/night IR camera with Intelligent Video Analytics for intrusion detection • IR (infrared) illumination or LED white (ight • Power conditioning and surge protection • A weatherproof enclosure • Remotely manageable and configurable equipment • 24/7 recorded video surveillance stream with nighttime illumination capacity • Audio talk-down technology • Strobe light package • Mobile application for customer access to remote live view (Android/iPhone compatible) • 4-hour battery backup with power unplug notification • Self-healing power and communications for product redundancy 2.2 Manitorin� Services: • Provide remote site monitoring for after-hours and weekends/holidays/days off • ECAMSECURE virtual guard services with advanced video analytic capabilities • Completely automated activity alerts and reports • Monitoring of system health and system efficiency 2.3 ExdusiQns FW Cowan Place • Any and all taxes, including sales and use taxes • Cost for the repair of any damage to wires or devices caused by customer or others • Relocation or removal of the MSU or the visual sensors (subject to approval of Builders Risk Underwriter) 2.4 Qther Requirernents • The follow is only applicable for MSU Mini Power options: a. Poles will be provided by the developer/GC/others. The poles are required to be twenty (20) feet off of the ground surface, set at a minimum of four (4) feet into the ground, and installed in accordance with the attached site map (see Exhibit 1). b. Dual 120-volt power outlet designated for each MSU will be provided by the developer/GC/others. The power outlet is required to be located at four (4) to five (5) feet below the top of the installed pole. Sharing power sources with other equipment can cause disruptions in service, which is not optimal for complete and uninterrupted coverage. • The developer/GC will, at all times, provide to ECAMSECURE the daily schedule, holiday schedule, and opening/closing schedule. � � � : �►` �` � �.: �. . > � ; ,. ECAMSECURE will be prepared for installation within three (3) weeks of receiving a signed Proposal and Equipment and Services Agreement from the customer. ECAMSECURE and the customer will coordinate on the final installation date. ECAMSECURE and the developer/GC will plan and coordinate on each individual project milestone. This includes equipment delivery, installation, monitoring, and maintenance. Security Agreement Page 9 of 15 EXHIBIT J-1 Cowen Place East Rosedale St. & Stalcup Rd Fort Worth, TX 76105 Jobsite: (314) 335-2884 Fax: _............ __..... _.._..._...._... Scope of work CONTRACTTERM: 12 months Cowen Place-ECam-Lease-OT-00023727 __ _ ___ _ ' MSU Standard Solar- 3 Camera Unit - Tru Standard ' 2 '�. 3-camera solar unit with (2) HD cameras and one (1) wide anole dome cam with Intelligent Video Analytics. �%SO.00 � �, rJ��.�O '��. '� Comes complete with Strobe Iights, A�dible Alarms, voice down, and long range LED light or IR illuminators � � �.. ......... ::.__._ .._.,...... ...__._..... _,,..._. ..__.,. ............. _.___ ..._...... ..._.__ . .__..... .._._........_. ,._,._.. ,__....._. .>...... .._._... ..........._. ._. ' TRU Thermal Camera range up to 350 Feet ', 2 ', Thermal cameras compliment and complete an MSU camera by turning night into day, allowing the abiliry � �2SO.00 � 5��. �� ' ', to see threats invisible to the naked eye up to 350 feet.lmproves threat de[ection and alarm assessment ��, '�� capabilities. 4 ' ..._ .... .......:.__.... .,......__ ,..,....... ..._...__. ,_,_..... .____ .,_._.,.. ........_.. .__.._. ._....._ . ...._.._.... ......._...... ............._ . ,...... ._.......... ...._......_ ..'.. ' TRU Thermal Camera range up to 600 Feet ' 2 ; Thermal cameras compliment and complete an MSU camera byNming night into day, allowing the abiliry �35�.�� 7��.�� " � to see threa[s irnisible [o the naked eye up to 600 feeCimproves threat detection and alarm assessment , capabilrties. _ .. _.. _.._ . ...._ . _.... _. _, _... 2 ; Damage Waiver $50.00 $100.00 2 ' Wireless AirCard _ _ _. _ _ __ _.__ _...__ .. _ .... _ . _ . _ . __ __: $150.00 �300.00 ' ___ _ _ __ _ _ _ ___ _ __ . _ 2 ' Video Monitoring-Tru $250.00 $500.00 _ . _ __.._ . __ _ _ . _ __. __ _ _ _ .._ _ _ . _ . ;_ _ . _. ____ 2 TRU Unit Installation '� Transporzation, set-up and removai of unit including training for up to 5 employees � SOO.00 � �, �0�.�� . ................ �.__... ........._,. .......__ _,..__ ,...,..... ..._._.. ......._. ......_. ....._... ....__.. ......_.. ...._,.. ..__... :...._. ._..._. _....... ..__i � Water Flow Detection '�. WaterFlowDetection $800.0� $800.�� '. 1 ' Water Flow Detection Installation $1,000.00 �1,000.00 ' Prices c!o not include $ales tax FW Cowan Place ', Cowan Place LP do McCormack Baron Salazar, Inc ' Kim Cunningham, Account Executive ' Attn : Mike Saunders kcunningham@cpssecurity.com 720 Olive Street Suite 2500 ' St �ouis, �O 63� o� ', Phone:(214) 850-7991 ' Phone: ' _.... .... _., _. __. _...._ _. Estimated Monthly Fee One-time Fee Estimated First Month Fee $4,400.00 $2,000.00 $6,400.00 Security Agreement Page 10 of 15 EXHIBIT J-1 Boom Lift Boom Lift Rental (If Applicable) ' Boom lift rental is required if pole height exceeds 15 feet. , Water Flow Ultrasonic Flow Meter (Optional) Detection _ __ __ __ __ Thermal 350 Ft. Thermal Camera (Optional) Camera Distance upgrade from Standard 2MP Camera Upgrade ' _ __ ___ _ __ FW Cowan Place �Z000.00 $800.00/Month ' $1000.00/Installation ' $250.00 ; Security Agreement Page 11 of 15 EXHIBIT J-1 FW Cowan Place EQUIP�4ENT AND SERVICES AGREEMENT Tl�is Equipment and Services Agreement ("AgreemenY') is entered into by and between �t�wan P�ace C,P rlo �icCormack Baron Salazar ine, with a principal office address at 72{? Oiive Streef Suite 2�06 �t I�ouis �l�U 63141 ��Inifed �tates ("ClienY') and ECAMSECURE, with a principal office address at 3400 E. Airport Way, Long Beach, CA 90806 ("Company"), dated effective �� ("Effective Date"). For valuable consideration, the parties mutually agree as follows." 1. BUTIES: Company will provide all cameras, equipment, goods, materials, parts, supplies, components, machinery, trailers, apparatus, structures, hardware; engineering, design, documentation, and production labor ("EquipmenY'), and applicable remote monitoring services ("Services"). Company is not responsible for assessing or determining the security needs of Client, and Company llas not been engaged as a consultant to provide an assessment of the security needs at the site(s). 2. LEASED EQUIPMENT: Client agrees that the Equipment is and shall remain the exclusive property of Company, a��d Client shall have no right, title or interest to the Equipment except as eapressly set forth in this Agreement. The Equipment shall remain Company's personal properiy even though installed in or attached to Client's premises or real property. Client shall use best efforts to prevent any Equipment damage, loss or destruction. The Equipment shall be kept at the location specified above, or if none is specified, at Client's address, and shall not be removed from the site without Company's prior written consent and notice to the Builders Risk Underwriter. A Damage Waiver for leased Equipment is available for purchase. At the expiration or termination of this Agreement, Company is authorized to enter upon Client's site(s) to remove the leased Equipment. Removal of the Equipment shall be ��ithout prejudice to the collection of any and all amounts due under this Agreement. 3. TERM: Services ��ill commence on ( �, and will wntinue until expiration of this Agreement or termination by either party as permitted herein. 4. FEES: Fees for the Equipment and Services provided by Company to C(ient are in accordance �vith the rate structure set forth in this Proposal or the Quote No. Oi-04023727. 5. INVOICES: All applicable sales and use taxes shall be added to each invoice. Accurate invoices shall be due and payable within thirty (30) days following their receipt by Client. Any dispute or claim regarding the amount of an invoice or the underlying Services rendered must be received by Company in writing from Client �rithin thirty (30) days from the invoice date setting forth the nature of the dispute and including all supporting documentation, or such claim or dispute shall for all purposes be deemed waived by Client. Client will notify Company of any disputed portion of an invoice, will timely pay the undisputed amounts and the parties shall work in good faith to resolve such dispute «�ithin fifteen (15) days after Company's receipt of Client's notice of dispute ("Resolution Period"). During the Resolution Period, Client will not be required to pay any disputed amounts under an invoice and its withholding of such disputed payment will not constitute a breach of this Agreement or be grounds for Company to suspend its obligations under this Agreement. However, should the parties fail to resolve the dispute during the Resolution Period, Company shall be permitted to suspend Services and/or operation of Equipment or terminate this Agreement effective upon written notice to Client. If Client fails to pay any undisputed amounts within thirty (30) days of receipt of any accurate invoice, Client agrees to pay interest at the rate of 1.5% per month, or the highest amount permitted under applicable law, whichever is lower, on the unpaid balance computed from the due date. In the event that there shall be any default in payment under the terms of this Agreement, Company will be entitled to recover from Client all costs of collection, including its reasonable attorney's fees. 6. ADDITIONAL SERVICES: Additional billable services not included in initial rate structure will be subject to the follo��ing other fees: a. The installation price includes training on remote access for up to five (5) of Client's employees. Additional training for up to five (5) employees is billable at One Hundred and Fifty Dollars ($I50.00) per hour based on a 2-hour minimum. b. There may be additional charges for installations where power, conduit, and/or data/internet access is more than twenty (20) feet from a unit. c. Relocations or removals are billable at One Hundred and Fifty Dollars ($150.00) per hour based on a 2-hour minimum charge, plus materials at cost plus thirty percent (30%), and are subject to approval of the Builders Risk Underwriter. Client must provide at least forty-eight (48) hours' advance notice in order to schedule relocations or removals. d. Data Retrieval/Reviews are billable at One Hundred and Fifty Dollars ($I50.00) per hour based on a 2-hour minimum charge. e. Maintenance and repairs required to correct damage or system failure caused by Client or others are billable at One Hundred and Fifty Dollars ($I50.00) per hour based on a 2-hour minimum charge, plus materials at cost plus thirty percent (30%). f. A mileage charge of $2.75 per mile applies for relocations or removals and data retrievals at ]ocations that are between 51 miles and 400 miles from a Company branch (mileage charges begin at 51 miles.) g. Long Distance Service Area: For service calls in excess of 400 miles from a Company branch, the $2.75 per mile surcharge ��ill no longer apply. Additional costs �uill be customized based on travel expenses and time and materials. 7. RATE INCREASES: At the completion of twelve (12) months, Company shall have the right to inerease the rates provided herein based on Consumer Price Index for all Urban Consumers ("CPI-U") as published montl�ly by the U.S. Bureau of Labor Statistics. Security Agreement Page 12 of 15 EXHIBIT J-1 FW Cowan Place 8. TERMINATION: Either party may tern�inate tliis Agreement for its convenience by providing at least thirty (30) days prior written notice to the other party and the Builders Risk Underwriter. Either party may also terminate this Agreement in, the event of a material breach by providing the breaching pariy and tlle Builders Risk Underwriter prior written notice specifying the alleged breach and fifteen (I S) days to cure tl�e breach. If the breacll is not cured ��ithin such time, the non-breaching party may terminate the Agreement with notice of termination to the breaching party and the Builders Risk Underwriter. Either party may terminate this Agreement upon written notice to the other pariy and the Builders Risk Underwriter in the event the other pariy becomes insolvent or generally unable to pay its debts as they become due, or becomes the subject of a banl:ruptcy, conservatorship, receivership or similar proceeding; or makes a general assignment for the benefit of its creditors. 9. INSTALLATION: Client shall obtain, at its sole expense, and keep in full force and effect all necessary licenses and permits for installation and operation of Equipment during the term of this Agreement. Any fine or penalty assessed upon Company due to Client's noncompliai�ce shall be paid by Client. Client is responsible to provide site lighting, fencing and other perimeter and access control equipment and facilities requested by Company for services provided under this Agreement. Client shall provide forty-eight (48) hours' written notice to Company of any changes to Client's site that require adjustment; relocation, removal or other changes to the Equipment after the ariginal installation has been completed. Relocations and removals are subject to the approval of the Builders Risk Underwriter. Company shall not be liable far any losses or damages if Client relocates the Equipment without Company's assistance or Underwriter approval. Training in remote accessing and revie��ing historical archi��e retained in the on-site Equipment is provided for up to five (5) Client employees. The review of archived video is the responsibility of Client. 10. SURVEILLANCE SYSTEMS: a. Far solar powered surveillance systems, Client agrees that solar panels need to be south facing and uses sunlight to generate energy. Anything that reduces the exposure to sunlight, such as shade from buildings or objects, cloudy days or snow cover, is beyond Company's control. Company shall not be liable for any losses or damages due to a loss or reduction of solar power under these circumstances. b. For plug-in surveillance sysYems, Client shall provide, at its sole expense, 120 Volts AC power with a 20 AMP GFCI circuit within riventy (20) feet of the installation location. Client agrees Yliat power may be lost due to power interruptions, fluctuations, outages, disconnections, and other utility related failures, all of which are beyond Company's control. Company shall not be liable for any losses or damages due to a loss or reduction of power under these circumstances. 1 l. MONITORING: For remote viewing and/or remote monitoring, each surveillance unit requires rental of an Aircard if Client cannot provide, at its sole expense, a dedicated onsite high-speed internet connection with a Static Routable IP address of not less than SMB upload and l OMB download. Client agrees that signals transmitted over telephone lines or internet may be interrupted or lost due to a service provider's failure, which is beyond Company's controL Company shall not be liable for any losses or damages due to any lost signa] or interruption under these circumstances. Client shall provide a call list of individua(s designated to receive notice in the event of an alarm signal from or at the site and such information shall be set forth in the Post Instructions. In Che event of an alarm signal, Company's sole obligation shall be to communicate to Client's representative and/or emergei�cy services (if requested Uy Client) that an alarm signal has been received. In the event Company cannot reach one of the persons identified on the alarm signal call- list, Client agrees that Company's sole obligation shall be to lea��e a voice mail or other recorded message if voicemail or another recording device is available. Video footage/snapshots captured by Company's equipment or services may be used on Company owned websites or trade events for training and marketing purposes without Client's consent. 12. FALSE ALARMS: In the event of an excessive number of false alarms caused by Client's carelessness, malicious action, accidental abuse or use of the Equipment, or failure to notify Company of the need for repairs or maintenance, Company shall have the right to disarm the Equipment until the issue is resolved. Client acknowledges that because of the sensitive nature of the Equipment, it is subject to the influence of external events that may cause the alarm to activate, which are not �vithin Company's control and may not be reasonably anticipated by Company. Any such alarms that may occur shall not be construed as the improper operation or malfunction of the Equipment, nor shall they excuse Client from performing under this Agreement. Any costs incurred by Company for false alarms originating from Client's actions or the premises shall be promptly reimbursed to Company. Client is responsible for any false alarm charges and/or third-party charges exclusively. 13. REPAIRS AND MAINTENANCE: Repairs and/or maintenance services required to correct damage or Equipment failure caused by Client or others are billed at One Hundred and Fifly Dollars ($150.00) per hour based on a 2-hour minimum charge plus materials at cost plus thirty percent (30%). Provided Client's account is current, Company will use its reasonable commercial efforts to carry out repairs and/or maintenance within three (3) business days of Client's notice. This section is subject to the Limited Warranty provisions set forth herein. 14. ACCESS: Client grants to Company and its personnel the continuing right to access each location site to perform the Services and authorizes Company, its employees, agents and contractors to install, inspect, test and repair the Equipment when necessary or appropriate, as determined by Company or requested by Client. In tlle event Client is not the site owner, Client warrants it has full consent and autharity from the owner and/or anyone in control of the premises to permit installation and removal of the Equipment. 15. RECONNECTION CHARGES: SERVICE INTERRUPTIONS: Client shall pay in advance a reconnection charge to be fixed by Company in its sole discretion in advance with any past due balances if Equipment is disabled by Client or third pariy; or services are suspended due to Client's failure to make timely payments of invoices or upon other Client defaults as set forth in this Agreement. Client shall not receive credit for interruptions in the operation of Equipment for less than 72 (seventy-two) consecutive hours, regardless of the cause of such interruption. Any interruption credit shall be for the period of interruption exceeding seventy-rivo (72) hours. Security Agreement Page 13 of 15 EXHIBIT J-1 FW Cowan Place 16. INSURANCE: Company maintains an insurance program for its respective protection that includes commercial general, workers compensation, and automobile liability coverage. Client shall maintain property and commercial general liability insurance against loss, theft, damage or destruction of the leased Equipment in an amount reasonably satisfactory to Company with loss payable to Company and/or with Company as an additional insured, and evidencing loss and physical damage coverage at least equal to the replacement cost of the Equipment. 17. FORCE MAJEURE: NeiYl�er party will be liable to the other for delay in performing or failure to perform any of its obligations hereunder where such delay or failure is caused, in �vhole or in part, by any event beyond the reasonable control of such party, its employees, subcontractors and agents, including but not Iimited to any act of God, active shooter incident, epidemic, pandemic outbreak, flood, windstorm, governmental embargo, quarantine, strike, riot, war or oiher military action, civil disorder, acts of terrorism, rebellion or revolution, hostile fire, sabotage, or govermnental seizure or order. 18. INDEMNIFICATION: Company agrees to indemnify, defend and hold harmless Client from third party claims, demands, suits, proceedings or causes of action ("Claims") and any resulting dan�ages, losses, fines, penalties, liabilities, including, witl�out limitation, reasonable attorneys' fees and costs incurred by Client (collectively, "Liabilities"), to the extent arising out of any Claims caused by Che direct negligent acts or willful misconduct of Company's employees, agents or subcontractors ��hile performing the Services or providing the Equipment. Client acknowledges and agrees that Company shall not be liable to indemnify; defend and hold Client harmless from any Claims and resulting Liabilities to the extent caused by the negligent acts or willful misconduct of, and/or violation of applicable law by Client and its employees, agents, invitees, customers, contractors (other than Company) and representatives. Client agrees to indemnify, defend and hold Company, its successors, assigns, affiliates, owners, officers, directors, contractors, employees and agents, harmless from Claims and resulting Liabilities to the extent arising out of Client's possession and use of the leased Equipment. 19. LIMITED EOUIPMENT WARRANTY: Company represents and warrants the Equipment, when used under normal conditions, to be free from defects in material and workmanship for the term of this Agreement. The ��arranty period for repaired or replaced defective parts shall be through the remainder of the original warranty period. If any Equipment proves to be defective in materials or workmanship, the exclusive remedy as well as Company's sole liability shall be to repair and/or replace the defective Equipment during the Warranty period. This Limited Warranty applies only where the Equipment has been properly insta(led, used, operated and maintained by Client in accordance ��ith Company's instructions. Ho��ever, if tlie repair or replacement is due to Client abuse, misuse or neglect, Client will be responsible for the cost of repair or replacement. THIS LIMITED WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED WHICH ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 20. EOUIPMENT LOSS OR DAMAGE: COMPANY SHALL NOT BE RESPONSIBLE TO CLIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, GUESTS, INVITEES, OR ANY THIRD PARTY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT HEREBY RELEASES COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY LOSS OR PHYSICAL DAMAGE TO THE EQUIPMENT IN THE EVENT THE EQUIPMENT IS LOST OR DAMAGED BY, INCLUDING BUT NOT LIMITED T0, THE FOLLOWING CAUSES: THEFT, MYSTERIOUS DISAPPEARANCES, VANDALISM, VEHICLE COLLISION WITH EQUIPMENT, TAMPERING, MISUSE OR ABUSE OF EQUIPMENT BY CLIENT OR THIRD PARTY, CLIENT'S NEGLIGENCE OR WILLFUL MISCONDUCT, CLIENT'S UNAUTHORIZED IMPROVEMENTS TO, MODIFICATIONS OF OR ADDITIONS TO THE EQUIPMENT AND CLIENT'S FAILURE TO PROVIDE REASONABLE SECURITY TO OR PROTECTION OF EQUIPMENT WHEN SUCH IS CLIENT'S RESPONSIBILITY. 21. DIY PROGRAMMtNG/ALTERATIONS: Client or any third party shall not make or attempts to make, any repairs, programing, alterations, adjushnents, improvements, n�odifications, or additions Yo leased Equipment without Company's prior written consent or assistance. Client shall be solely ]iable for any and all consequences thereof and agrees to indemnify, defend, and hold harmless Company, its affiliates; employees and agents from and against all Claims and resulting Liabilities to the exYent arising from or relating to Client's and its employees', agents', invitees', customers', contractors' (other than Company) and representatives' acts, omissions, willful misconduct, possession, use and maintenance of Eq�ipment. 22. REPRESENTATIONS AND DISCLAIMER Company represents and warrants that the Services and Equipment it furnishes under this Agreement shall be provided in a professional manner in accordance with industry standards and applicable ]a��s, and that Company shall obtain and maintain all permits and licenses required for it to provide the Services and Equipment. Client acknowledges and agrees that Company is not an insurer of Client's property or the personal safety of persons in Client's premises. THE PARTIES AGREE THAT COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES AND EQUIPMENT IT FURNISHES WILL PREVENT OR MINIMIZE THE LIKELIHOOD OF LOSS OR OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SERVICES AND EQUIPMENTARE DESIGNED TO MITIGATE. 23. LIMITATION OF LIABILITY: EACH PARTY'S LIABILITY FOR DAMAGES (WHETHER A CLAIM THEREFOR IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, OR OTHERWISE) CONNECTED WITH, OR ARISING UNDER. THIS AGREEMENT WILL BE LIMITED IN THE AGGREGATE FOR ALL CLAIMS TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO COMPANY FOR SERVICES UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRIOR TO THE OCCURRENCE OF THE FIRST EVENT THAT IS THE SUBJECT OF THE FIRST CLAIM (OR, IF THREE (3) MONTHS HAVE NOT YET ELAPSED SINCE THE EFFECTIVE DATE, THEN THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO COMPANY UNDER THIS AGREEMENT). NOTWITHSTANDING THE FOREGOING, THE ABOVE LIMITATION OF LIABILITY SHALL NOT APPLY TO THE FOLLOR�ING: (A) LOSSES AND DAMAGES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, (B) INNRY TO PERSONS, INCLUDING DEATH, (C) CLAIMS AND LIABILITIES ARISING FROM A PARTY'S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, AND (D) ANY AMOUNTS PAYABLE UNDER THIS AGREEMENT BY CLIENT TO COMPANY. UNDER NO CIRCUMSTANCES OR THEORY OF LIABILITY SHALL EITHER PARTY AND ITS INSURAI�ICE CARRIERS BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT. Security Agreement Page 14 of 15 EXHIBIT J-1 FW Cowan Place 24. TITLE TO INTELLECTUAL PROPERTY: All title to, ownersl�ip of and all rights in patents, copyrights, trade secreCs and any other intellectual property rights in the Equipment and services is and shal] remain Company's property and no change order or other written terms and conditions provided by Client to Company shall transfer any intellectual properiy rights. 25. EARLY TERMINATION: If Client terminates this Agreement for its com�enience before the expiration of the term, Company is entitled to accelerate the monthly payments attributable to the Equipment and services provided by Company, and Client shall be obligated to immediately pay fifty percent (50%) of the monthly payments due for the remaining term of tl�is Agreement. 26. MISCELLANEOUS: This Agreement constitutes the entire understanding and agreement bet��een the parties. This Agreement supersedes and replaces any and all prior and contemporaneous agreements, either oral or written, between the parties hereto with respect to the subject matter herein. The parties acknowledge that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any pariy, that are not embodied herein, and that no other agreement, statement; or promise not contained in this Agreement shall be valid or binding. Any alteration, modification, or amendment of this Agreement must be in writing contaii�ing the signature of an authorized representative of each party. If any provision of this Agreement sliall be deemed to be inva(id or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision ��ould become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so ]imited. This Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties or obligations are intended or created by this Agreement as to tl�ird parties not a signatory hereto. This Agreement may not be assigned or otherwise transferred without the other pariy's written consent, which will not be unreasonably withheld; provided, however, that either party may assign or other transfer this Agreement upon written notice to the other as a result of a merger, consolidation ar a sale of all or substantially all of its assets or securities. Any attempted assignment or transfer without the proper consent or notice will be null and void. This Agreement will bind the parties' successors and permitted assigns. This Agreement will be interpreted under, and any disputes arising out of this Agreement will be governed by, the laws of the State of Delaware, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction of any state or federal court located within the State of Delaware, New Castle County and irrevocably agrees Chat all actions or proceedings arising out of or relating to this Agreement shall be litigated in such courts. Sections 5, 17 - 26, and eacll other provision of this Agreement that expressly or by its nature provides for rights, obligations or remedies that extend beyond the expiration or earlier termination of this Agreement, will survive and continue in full force and effect after this Agreement expires or is earlier terminated. Other than routine administrative communications, which may be exchanged by the parties electronically, via email or other means, and except as otherwise specified herein, all notices, consents, and approvals hereunder shall be in �vriting and shall be deemed to have been given addressed to the other parties' Legal Department at the address in the preamble to this Agreement upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier's systems, if sent via nationally recognized express carrier; or (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested. Tl�e notice address may be changed in accordance «rith the provision of this Agreement. Execution by tl�e individuals below indicates Their authority to bind their respective organizations to this AgreemenC. Cowan Place LP c/o McCormack Baron Salazar, Inc 720 Olive Street Suite 2500 St Louis, MO 63101 CLIENT: United States � Name: Titl e: COMPANY: ECAMSECLIRE dba GardaWorld Security � Name: Title: Security Agreement Page 15 of 15 Exhibit K- The Supplementary Conditions to the Construction Contract (HUD-92554M) Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT K SUPPL.EMENTARY CONDITIONS U.S. Department of Housing TO THE CONSTRUCTION Office of Hou�s ng opment CONTRACT FW Cowan Place OMB Approvai No. 2502-0598 (Exp. 9/30/2021) Public Reporting Burden for this colfection of information is estimated to average 02 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not coliect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request. Warning: Federal law provides that anyone who knowingly or wiilfuliy submits (or causes to submit) a document containing any false, fictitious, misleading, or fraudulent statemenUcertification or entry may be criminally prosecuted and may incur civil administrative liability. Penalties upon conviction can include a fine and imprisonment, as provided pursuant to applicable law, which includes, but is not Iimited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts 180 and 2424. Article 1: Labor Standards A. Applicability. The Project or program to which the construction work covered by this Contract pertains is being assisted or insured by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance or insurance. Any statute or regulation contained herein shall also include any subsequent amendment or successor statute or regulation. The terms of this Supplementary Conditions to the Construction Contract (HUD-92554M) takes precedence over all provisions of the "General Conditions of the Contract for Construction" (AIA Document A201) inconsistent with said Supplementary Conditions. B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B da not apply to those projects with Security Instruments insured under Section 221(h)(1) designed for less than 9 families and they do not apply to those projects with Security Instruments insured under either Section 220 or 233 designed for less than 12 families. 1. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project) shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereofl due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 1 of 11 EXHIBIT K FW Cowan Place mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). �aborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics that is not listed in the wage determination and that is to be employed under this Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D.C. 20210 ("Administrator"). The Administrator, or an authorized representative, shall approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise HUD or its designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, shall issue a determination within thirty (30) days of receipt and so advise HUD or its Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 2 of 11 EXHIBIT K FW Cowan Place designee or shall notify HUD or its designee within the thirty (30) day period that additional time is necessary. (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs B.1.(ii)(b) or (c) of this Article, shall be paid to all workers perForming work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit that is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Payrolls, records, and certifications. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 3 of 11 EXHIBIT K FW Cowan Place 4 classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii))), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis- Bacon Act (40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor shall submit the payrolls to the applicant, sponsor, or Owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired, whether paper (Optional Form WH- 347 is available for this purpose from the Wage and Hour Division Web site at htt :llwww.c�ol. ovlv,r�€dlforms/wh347. df or its successor site), or electronically pursuant to Program Obligations. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or Owner, as the case may be, for transmission to HUD or its designee, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (b) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6l18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 4 of 11 EXHIBIT K FW Cowan Place supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is b�ing maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph B.3.(ii)(b) of this Article. (d) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Sections 3801 et se�c of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under subparagraph 8.3.(i) of this Article available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices shall be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of �abor, Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 5 of 11 EXHIBIT K FW Cowan Place program, but who has been certified by the Office of Apprenticeship, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered ar otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice perForming work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perFormed. Where the Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship, or a State Apprenticeship Agency recognized by such Office, withdraws approval of an apprenticeship program, the Contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permitted to work at less than the predetermined rate for the work perFormed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 6 of 11 EXHIBIT K FW Cowan Place the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor shall no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approv�d. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph B and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage determination, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all Contract clauses referenced in this subparagraph. 7. Contract termination and debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor or a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act (40 U.S.C. 3144(b)(2}) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 7 of 11 EXHIBIT K FW Cowan Place (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act (40 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Department ... makes, passes, utters or publishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both." C. Contract Work Hours and Safety Standards Act. 1. Applicability and Definitions. This paragraph C of Article 1 is applicable only if a direct form of federal assistance is involved, such as Section 8, Section 202/811 Capital Advance, grants etc., and is applicable only where the prime contract is in an amount greater than $100,000. As used in this paragraph C, the terms "laborers" and "mechanics" include watchmen and guards. 2. Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work that may require or involve the employment of {aborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 3. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the immediately preceding subparagraph C.2, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of such subparagraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in such subparagraph. 4. Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract, or under any other Federal contract with the same prime contractor, or under any other Federally-assisted contract subject to the Contract Work Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 8 of 11 : FW Cowan Place Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph 3 of this paragraph C. 5. Subcontracts. The Cantractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in such subparagraphs 1 through 5. D. Certification. For projects with Security Instruments insured under the National Housing Act, as amended, that are subject to paragraph B of this Article 1, the Contractor is required to execute the Contractor's Prevailing Wage Certificate within HUD-92448 as a condition precedent to insurance by HUD of the Loan, or an advance thereof, made or to be made by the Lender in connection with the construction of the Project. Article 2: Equal Employment Opportunity A. Applicability. This Article 2 applies to any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of L.abor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee. B. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, disability or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. D. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 9 of 11 EXHIBIT K FW Cowan Place lo notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary af Labar. F. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the provisions of paragraphs A through H of this Article 2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as HUD or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Article 3: Equal Opportunity for Businesses and Lower Income Persons Located Within the Project Area A. This Article 3 is applicable to projects covered by Section 3, as defined in 24 CFR Part 135. B. The work to be perFormed under this Contract is on a project assisted under a program providing Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very-low income residents of the unit of local government or the metropolitan area (or non-metropolitan county) as determined by HUD in which the Project is located and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or non- metropolitan county) as the Project. Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 10 of 11 . ,_ _. _ . _ FW Cowan Place Ii1 Article 4: Health and Safety A. This Article 4 is applicable only where the prime contract is in an amount greater than $100,000. B. No laborer ar mechanie shall be required to wark in surraundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. C. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et se�c . D. The Contractor shall include the provisions of this Article 4 in every subcontract so that such provisions shall be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as HUD or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete Supplementary Conditions to the HUD-92554M (6/18) Construction Contract The Supplementary Conditions to the Construction Contract (HUD-92554M) Page 11 of 11 Exhibit L- Completed and fully-executed document identif r� ing Identities of Interest amon� Owner, Contractor, Subcontractors, and Architect Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT L FW Cowan Place Amendment to the Construction Contract to Identify Identities of Interest Between Owner/ Contractor/ Subcontractors/ Architect ProjectName: Cowan Place Seniors ProjectNumber: 113-3�926 Date: September ( j�2021 _� 1. Definition of terms used in this Amendment. a. Architect. Architect administering the Construction Contract. b. HUD. The U.S. Department of Housing and Urban Development. c. Owner. The Mortgagor/Owner. d. Subcontractor. Any Project subcontractor, materials supplier, equipment lessor, or industrialized housing manufacturer/supplier. 2. Tl�e undersigned hereby certify that all identities of interest known to exist between the Owner and the Contractor, and/or between the Owner and/or the Contractor and the Architect and/or any Project subcontractor are listed herein. The Owner and the Contractor shall each inform HIJD in writing within 5 working days of its knowledge of any identity of interest that develops after execution of this Contract. List all Identities of interest: Fort Worth Affordabilitv Inc. ("FWAI") owns a 0.001 % interest in the Owner. FW Cowan Place, L.P. FWAI is controlled bv Fort Worth Housinq Solutions which is the sole member of Wind Terrace, LLC. Wind Terrace LLC owns a 99% ioint venture interest in the General Contractor Block WT Cowan Place GC Joint Venture 3. An Identity of Interest is construed to exist where: a. The Contractor, Architect and/or any subcontractor take any financial interest in the Project and/or O�mer as part of the consideration to be paid. b. The Contractor advances any funds to the O��ner or Architect; or the Architect advances any funds to the O��mer, contractor and/or any subcontractor; or any subcontractor advances any funds to the Owner, Contractor and/or Architect. c. The Owner has any financial interest in the Contractor, Architect and/or any subcontractor; or the contractor has any financial interest in the Owner, Architect and/ar any subcontractor; or the Architect has any financial interest in the Owner, Contractor and/or any subcontractor; or any subcontractor has any financial interest in the O��ner, Contractor and/or Architect. d. Any officer, director, stockholder or partner of the Owner has any financial interest in the Contractor, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Contractor, has any financial interest in the Owner, Architect and/or any subcontractor; or any officer, director, stockholder or partner of the Architect has any financial interest in the Owner, Contractor and/or any subcontractor; or any officer, director, stockholder or partner of any subcontractor has any financial interest in the Owner, Contractor and/or Architect. e. Any officer, director, stockholder or partner of the Owner is also an officer, director, stockholder or partner of the Contractor, Architect and/or any subcontractor; or any officer, director, stockholder or pariner of the Contractor is also an officer, director, stockholder or partner of the Owner, Architect and/or any subcontractor; or any officer, director stockholder or partner of the Architect is also an officer, director, stockholder or partner of the O�mer, Completed & Fully-Executed Document Identifying Identities of Page 1 of 3 Interest among Owner, Contractor, Subcontractors, and Architect Contractor, and/or any subcontractor; or any off7cer, director, stockholder or partner of any subcontrac�tor is also an officer, director, stockholder or partner of tlie Ownei�; Contractor and/or Architect. f. The O�vner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such O«mer; Contractor and/or subcontractor provides any of the required architectural services; or where the O��mer, Contractor and/or any subcontractor, or any officer, director; stockholder or partner of such O��mer, Contractor and; or subcontractor, �vhile not directly providin� an arcnitecturai service, acts as a consultant to the Architect. g. Any family relationships between the officers, directors, stockholders or partners of the O�vner and officers, directors, stock}Iolders or partners of the Contractor, Architect and/or any subcontractor; or between the officers, directors, stockholders or partnei-s of the Contractor and officers, directors, stockholders or partners of tl�e Owner; Architect and/or airy subconti�actor; or between any officers, directors, stockholders, or partners of the Architect and of�cers, directors, stockholders or partners of the Owner, Contractor and/or any subcontractor; ar bet«�een any officers, directors, stockholders or partners of any subcontractor and the officers, directors, stocl<holders or partners of the O«�ner, Contractor and/or Architect which could cause or results in control or influence over prices paid and/or work accepted. h. Any side deal, agreement, contract or undertaking, thereby alterin�, amending, or cancelinQ any of the required closing docuinents, except as approved by HUD. OWI�TER: FW COWAN PLACE, LP, a Texas limited partnership By: FW Cowan Place GP, LLC, a Teaas limited liability company, its general partner By: Fort Worth Affordability, Inc., a Texas nonprofit corporation, its sol member , By: � � � Name: Mar -Marg t L ns Title: Secretary/Treasurer By: F�� Rosedale i�IBS SLP, Inc., a Missouri corporation, its Special Lilnited Partner By: Name: Vincent R. Beiu�ett Title: President Contractor, and/or any subcontractor; or any officer, director, stockholder or partner of any subcontractor is also an officer; director, stockholder or partner of the Owner, Contractor and/ar Architect. f. The Owner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such Owner, Contractor and/or subcontractor provides any of the required architectural services; or where the Owner, Contractor and/or any subcontractor, or any officer, director, stockholder or partner of such Owner, Contractor and/or subcantracior, while not directly providing an architectural service, acts as a consultant to the Architect. g. Any family relationships between the officers, directors, stockholders or partners of the Owner and officers, directors, stockholders or partners of the Contractor, Architect and/or any subcontractor; or between the officers, directors, stackholders or partners of the Contractor and officers, directors, stockholders or partners of the Owner, Architect andJor any subcantractor; or between any officers, directors, stockholders, or partners of the Architect and officers, directors, stockholders or partners of the Owner, Contractor andlor any subcontractor; or bet�veen any of�cers, directors, stockholders or partners of any subcontractor and the offcers, directors, stockholders or partners of the Owner, Contractor and/or Architect which could cause or results in control or influence over prices paid and/or work accepted. h. Any side deal, agreement, contract or undertaking, thereby altering, amending, or canceling any of the required closing documents, except as approved by HUD. O WNER: FW COWAN PLACE, LP, a Texas limited partnership By: FW Cowan Place GP, LLC, a Texas limited liability company, its general partner By: Fort Worth Affordability, Inc., a Texas nonprofit colporation, its sole member By: Name: Mary-Margaret Lemons Title: Secretary/Treasurer By: FW Rosedale MBS SLP, Inc., a Missouri corporation, its Special Limited Partner By. � Name: Vincent R. Bennett Title: President Signature paqe-Amendment to the Construction Contract to Identifv (dentities of Interest CONTRA.CTOR: BLQC'K WT COWAN PLACE GC J4INT VENTURE, a Texas joint venture By: Block Builders, LLC, a Louisiana limited liability company its managing venturer _ ; C,-..s-- _,_-_.._._...__ By: _ --- Jaso . -€�1��1 � WARNING: Title 18 U.S.C. 1001, provides in part that whoever knowingly and willfully makes or uses a docutnent containing any false, fictitious, or fraudulent statement or entry, in any matter in the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or unprisoned for not more than five years or both. Exhibit M- Communitv Facilities Aqreement �Public Improvements) Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT M Received Date: O8/09/2021 Received Time: 10:25 am Developer and Project Information Cover Sheet: FW Cowan Place Developer Company Name: = FW Cowan Place, LP Address, State, Zip Code: ; 1201 E. 13`" St., Fort Worth, TX, 76102 ;_......_ ........................................................._,..__................_........__........._..................................................._- -..._....__..........._.................................................._......................................................._......_.............._......_....................._...._....................< Phone & Email: °: 817-333-3401, mmlemons(a�fwhs.or� Authorized Signatory, Title: ; Mary- Margaret Lemons, Secre�ary/Treasurer :..............................................................................................................:........................................................................................................................................................................................................................................................................< Project Naine: � Sewer Improvements to Serve Cowan Place Brief Description: Water Sewer, Paving. _�.�_v ��.._ w.._. ... _�_._.___....� ;.�__.___ __w �.____...__.��..w. �,_._ ��_.�w�..__w.__.W.�_ �_�..__�_._,_�_ _w_w v�...._._....___«,._ _: ; Project Location: 5400 E. Rosedale St. :...............................................................................................................................................:..................................................................................................................................................................... ............................................................................: Plat Case Nuinber: � Plat Name: s Mapsco: ; � Council District: ; 5 CFA Number: ; CFA21-0049 ; City Project Nwnber: ; � (i �`� ` �� :................................................................... ................................................................................ : City of Fort ��orth, Texas Standard Community Facilities Agreement Re�r. 10/5/19 [l�'PC] Community Facilities Agreement (Public Improvements) Page 1 of 34 EXHIBIT M FW Cowan Place CSC No. 56133 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between The City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and FW Cowan Place, LP ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party" and coi]ectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Sewer Improvements to Serve Cowan Place ("Project"); and WHEREAS, the City desires to ensure that ali developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the pubiic infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval ofthe Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement.; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the coliective Improvements for the Project; NOW, THEREFORE, for and in consideration ofthe covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance (°CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fuily set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shali control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been accepted by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide City of Fort �Vorth, Texas Standard Community Facilities Agreement Rev. 10/�/19 [NPC] Community Facilities Agreement (Public Improvements) Page 2 of 34 EXHIBIT M FW Cowan Place at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Ab eement. 3. Description of Improvements; Exhibits and Attachments The foliowing exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: � Exhibit A: Water � Exhibit A-1: Sewer � Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑ Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shail controi. If applicable, Attachrnent 1— Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction ofthe Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmaniike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien reieases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/S/19 [iVPC] Community Facilities Agreement (Public Improvements) Page 3 of 34 EXHIBIT M FW Cowan Place If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Tenn of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financiai Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any E�ension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Compietion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials suppiied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final piats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer wi11 employ construction contractors who meet the requirements ofthe City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. City of Fort Worth, Texas Standard Communit�� Facilities Agreement Rev. 10/5/19 [l�'PC] Community Facilities Agreement (Public Improvements) Page 4 of 34 EXHIBIT M FW Cowan Place (c) Developer will require Developer's contractors to provide the City with payment and perfonnance bonds naining the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Ilnprovements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an oblige, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Itnprovements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requiretnents of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additionai insured on all insurance policies. The Deveioper must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), suppiied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel wi11 be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (� Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shali not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 5 of 34 EXHIBIT M 12. Liability and Indemnification FW Cowan Place (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD ?'HE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND T�IE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHER REAL OR AS.SERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAWED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION N'ITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONT'RACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLfGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUS�S OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAYCONNECTED WITH, THE CONSTRUCTION OF THE IMPROi�EMENTS CONTEMPLATED HEREIN. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRAC?'ORS' FAIL URE TO COMPLETE THE WORK AND CONS?'R UCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICAT�ONS. 13. Right to Enforce Contracts Upon compietion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of ali warranties given by the contractors, whether express or implied. Further, Deveioper agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation City of Fort R'orth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC) Community Facilities Agreement (Public Improvements) Page 6 of 34 EXHIBIT M FW Cowan Place Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actuai costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Deve]oper must contract with material testing laboratories on the City's ]ist. Material testing laboratories will provide copies of ail test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the materiai testing laboratories that the materiai testing laboratories have been paid in fuli by the Developer before the City wiil accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Ofiice City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5119 [NPCj FW Cowan Place, LP 1201 E 13th St. Fort Worth, TX, 76102 Community Facilities Agreement (Public Improvements) Page 7 of 34 EXHIBIT M City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 FW Cowan Place Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Deveioper agrees that the City sl�all ha�e access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compiiance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the rigl�t to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work perfonned under this Agreement, and not as agents, representatives or employees ofthe City. Subject to and in accordance with the conditions and provisions ofthis Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taYes on behaif of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 8 of 34 EXHIBIT M FW Cowan Place The City, through its authorized representatives and employees, sha11 have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shail be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the perfonnance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting parly shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel City of Fort R'orth, Texas Standard Community Facilities Agreement Rev. 10/5/19 (NPC] Community Facilities Agreement (Public Improvements) Page 9 of 34 . �� ,_ . . u I FW Cowan Place Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more fuli-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) wili not boycott Israel during the tenn of the contract. The term "boycott Israel" has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has the meaning ascribed to it by Section 2270.001 of the Texas Goverrvnent Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to aii Federal and State laws as well as estabiish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLES,S FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMP�OYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 2�. Amendment No amendment, modification, or alteration of the terins of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 28. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 30. Compliance with Laws, Ordinances, Rules and Regulations City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [iVPC] Community Facilities Agreement (Public Improvements) Page 10 of 34 EXHIBIT M FW Cowan Place Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with ali laws, federal, state and locai, including all ordinances, rules and regulations of City. It is agreed and understood tllat, if City calls to the attention of Developer any such violation on the part of Developer or any of its offcers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 31. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the Iegal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 33. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreeinent that purports to vary from the terms hereof sha]1 be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [1\'PC] Community Facilities Agreement (Public Improvements) Page 11 of 34 EXHIBIT M 34. Cost Summary Sheet Praject Natne: Sewer Improvements to Serve Cowan Place CFA No.: CFA21-0049 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construcfion Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signais TPW Construction Cosf Total Tatal Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Bond = 100% Completion Aqreement = 100% / Fk Cash Escrow Water/Sanitary Sewe Cash Escrow Paving/Storm Drain = Letter of Credit = 125% City of Fort R'orth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] f�o.: 103219 Developer's Cost $ 150,888.00 $ 160,083.00 $ 310,9�1.00 $ 32,424.00 Amount 310,971.00 310.971.00 Choice FW Cowan Place Community Facilities Agreement (Public Improvements) Page 12 of 34 EXHIBIT M FW Cowan Place IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signataries to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH ,DAng Bur�c,h�,a,�,� n, ....•:;3',E: .J :;ti., .li,.i.iii:..�i;C�. Dana Burghdoff Assistant City Manager Date: Aug 7, 2021 Recommended by: ��2�.�,�b�� ?:.Fi j': :;:5::�.43<<i ,'??.t�l..i{:.i.':.:1i} � Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development DEVELOPER FW C�WAN PLACE, LP, a Texas limited partnership By: FW Cowan Place GP, LLC, a Texas limited liability company, its generai partner By: Fort Worth Affordability, Inc., a Texas nonprofit corporation, its sole member :�,i!:v^��§3:i _,..r17E15:'�YFs .,.._..�.~.�� /� Name: Mary-Margaret Lemons Title: Secretary/Treasurer Date: Aug 2, 2021 Approved as to Forn2 & Legality.• �: r,<_�Z�..�"�F�- _. .,,.._�.s:�;c:=, , Richard A. McCracken Sr. Assistan N�Ay Attorney M&C No. Date: Form 1295: N/A ATTEST: %�O�ra.G�'.�,'�'. �i�l�I .w� �r,:"•<.. _, . . �.,i..r3:i., . � `, ry'3d.: :......? f�:�f Ronald P. Gonzales Acting City Secretary Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration ofthis contract, including ensuring all perfonnance and reporting requirements. Eze�__..,��.....u� des��f �:^.�:^�f�'r.c.^:uali'c�... ,n:E�%.<_Z..IJ:�.Z , Name: Janie Scarlett Morales Title: Development Manager City of Fort R'orth, Texas Standard Community Facilities Agreement Rev. l0/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 13 of 34 EXHIBIT M FW Cowan Place The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controiling. Included Attachment � Attachment 1- Changes to Standard Community Faciiities Agreement ❑ Attachment 2— Phased CFA Provisions ❑ Attachment 3— Concurrent CFA Provisions � Location Map � Exhibit A: Water Improvements � Exhibit A-1: Sewer Improvements � Exhibit B: Paving Improvements ❑ E�ibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements ❑ Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Standard Commnnity Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 14 of 34 I�/�:l : �Iliul ATTACHMENT "1" Changes to Standard Community Facilities Agreement Ciiy Pr4ject No. 103219 None City of �ort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] FW Cowan Place Community Facilities Agreement (Public Improvements) Page 15 of 34 EXHIBIT M ATTACHMENT 4 Additional Requirements City ProjectNo. 103219 FW Cowan Place WHEREAS, the Housing Authority far the City of Fort Worth doing business as Fort Worth Housing Solutions ("FWHS") is executing an agreement with the City relating to the Project by which the City will pay Community Development Block Grant ("CDBG") funds from the United States Department of Housing and Urban Development to FWHS under certain conditions; and WHEREAS, Fort Worth Affordability, Inc, a Texas nonprofit corporation ("FWAI") is executing agreements with the City relating to the Project by which the City will pay grant funds from the United States Department of Housing and Urban Development through the HOME Investment Partnerships Program ("HOME") and the Urban Development Action Grant ("UDAG") to FWAI under certain conditions; and WHEREAS, FWHS wili execute a subrecipient agreement with FWAI in order for the CDBG funds to be used for the benefit of the Project for eligible activities; and WHEREAS, FWAI will enter into subloan agreements with FW Cowan Place, LP, a Texas Limited Partnership ("Owner") to provide the HOME, CDBG, and UDAG funds to Owner to be used for eligible activities for the benefit of the Project; and WHEREAS, Owner has hired Developer to construct the public infrastructure improvements necessary to construct the Project; and WHEREAS, the agreement between the City and Owner will require that certain provisions be included in this Agreement; NOW THEREFORE, in consideration of the foregoing, City and Deveioper agree as foilows: 1. The Plans and construction far the Improvements shall (i) conform to all applicable Federal, State, City and other local laws, ordinances, codes, rules and regulations, including the HOME Regulations, CDBG regulations, and UDAG regulations; (ii) meet all City building codes; and (ii) must pass a HUD Compliance Inspection Report and inspection by City's Neighborhood Services Department inspectors. 2. The foilowing sections must be included in bid documents and contracts or subcontracts involving the use of United States Department of Housing and Urban Development (HUD) HOME, CDBG, or UDAG funds. 2.1. Lead-Based Paint Requirements If applicab]e, Developer will comply with Federai lead-based paint requirements including lead screening in housing built prior to 1978 in accordance with 24 CFR Part 570.608 and 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation, Repair and Painting Program Final Ruie, 40 CFR Part 745, in any construction and/or rehabilitation of the Improvements. 2.2. Terms Applicable to Contractors, Subcontractors and Vendors City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 16 of 34 EXHIBIT M FW Cowan Place Developer understands and agrees that all terms of this Agreement, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Developer which are in any way paid with HOME funds or who perform any work in connection with the Improvements. Developer shall cause all applicable provisions of this Agreement to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including if applicable its obligations regarding the HOME Regulations, the HOME Requirements, and the City Requirements during the Construction Period, Developer shail monitor the services and work performed by its contractors, subcontractors, vendors and others on a regular basis for colnpliance, as applicable, with the HOME Regulations, the HOME Requirements, and the City Requirements as well as the Agreement provisions. Developer must cure all violations of tlle HOME Regulations committed by its contractors, subcontractors or vendors. Developer acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Agreement and be applicable for the length of the Construction Period and for 5 years thereafter. 23 Contractor, Vendor and Subcontractor Requirements Developer will use commercially reasonable efforts to ensure that all contractors, subcontractors or vendors utilized in the construction of the Improvements are appropriately licensed and such licenses are maintained throughout the construction of the Improvements. Deveioper shall ensure that all contractors, subcontractors or vendors utilized by Developer in the construction of the Improvements are not debarred or suspended from performing the contractor's, subcontractor's or vendor's work by the City, the State of Texas, or the Federai government. Developer acknowledges that 24 CFR Part 85.35 forbids Developer from hiring or continuing to employ any contractor, subcontractor or vendor that is listed on the Federal Excluded Parties List System for Award Management, www.sam.�ov ("SAM"). Developer must confirm by search of SAM that ail contractors, subcontractors or vendors are not Iisted as being debarred, both prior to hiring and prior to submitting a Partial Pay Estimate which inciudes invoices from any such contractor, subcontractor or vendor. Failure to submit such rp oofs of search shall be an event of default. In the event that City determines that any contractor, subcontractor or vendor has been debarred, suspended, or is not properly licensed, Developer shall immediately cause such contractor, subcontractor or vendor to stop work on the Improvements. However, this Section should not be construed to be an assumption of any responsibility or liability by City for the determination of the Iegitimacy, quality, ability, or good standing of any contractor, subcontractor or vendor. Developer acknowledges that the provisions of this Section pertaining to SAM shall survive the termination of this Agreement and be applicable for the length of the Construction Period. 2.4. Environmental Review Funds wiil not be paid, and costs cannot be incurred, until City has conducted and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancei the project. Mitigation If applicable, Developer must implement mitigation actions outlined in the Enviromnental Review Record. Failure to complete the required mitigation action is an event of default under this Agreement. City ofFort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 17 of 34 EXHIBIT M FW Cowan Place 4. Compliance With All Applicable Laws and Regulations Developer agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the teim of this Agreement and throughout the Construction Period. Those laws include, but are not limited to: • HOME Investment Partnerships Act, defined above as "Act" • CDBG Regulations found in 24 CFR Part 570. • Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) • Titie VI ofthe Civil Rights Act of 1964 (42 U.S.C. Sections 2000d etseq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency • The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq. ) • Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 • The Age Discrimination in Employment Act of 1967 • The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 etseq.) • The Uniform Relocation Assistance and Real Properiy Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") • Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. Sections 794 etseq.) and 24 CFR Part 8 where applicable � Nationai Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. • Tl�e Clean Air Act, as amended, (42 U.S.C, Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 etseq.) and the related Executive Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. • Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically inciuding the provisions requiring empioyer verifications of legal status of its employees � The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A • Regulations at 24 CFR Part 87 related to iobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq. ) and 24 CFR Part 23, Subpart F • Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities • Regulations at 24 CFR Part 983.6 for Site and Neighborhood Standards Review • Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act • Guidelines of the Environmental Protection Agency at 40 CFR Part 247 • For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 18 of 34 EXHIBIT M FW Cowan Place • For construction contracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of inechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 • Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residentiai Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R • Regulations at 24 CFR Part 92, Home Investment Partnerships Program Final Rule • Unifarm Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. • Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) • Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. • Broadband Infrastructure Requirements, 24 CFR Part 5.100 and Section 706 of the Teiecommunications Act of 1996, 47 U.S.C. 1302 • Violence Against Women Act of 1994, 42 U.S.C. 13981 5. HUD-Assisted Projects and Employment and other Economic Opportunities; Section 3 Requirements 5.1. Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 ofthe Housing and Urban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Rregulations at 24 CFR Part 135 If the construction of the Improvements wiil cause the creation of new empioyment, training, or contracting opportunities on a Contractor or Subcontractor level resuiting fi•om the expenditure of the HOME Funds, Developer shall comply with the following and will ensure that its contractors and subcontractors also comply. If the work performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be petformed under this contract is subject to the requirements of Section 3 of Housing and Urban Developmen� Act of 1968, as amended, 12 U.S.C. section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD-assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who aYe recipients of HUD assistance for housing. B. The paYties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the par-ties to this cont�°act certify that they are under no contractual or othe� impediment that would pYevent them from complying with the Part 13� Yegulations. C. The contractor agrees to send to each labor� organization or representative of workers witli whzch it has a collective bargaining agreernent or othe� understanding, if any, a notice advising the labor organization or workers' Yepresentatives of the contractor's commitments City ofFort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [;\'PC] Community Facilities Agreement (Public Improvements) Page 19 of 34 EXHIBIT M FW Cowan Place under this Section 3 clause and will post copies of the notice in conspicuous places at the work site wher•e both employees and applicants for training and enzployment positions can see the notice. The �aotice shall describe the Section 3 preference, shall set forth minimum number and job tztles subject to hire, avazlability of apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Paf•t 135, and agrees to take app�ropriate actiof�, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcont�acto� is in violation of the regulaiions in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice oY knowledge that the subcontr•actor has been found in violation of regulations in 24 CFR 135. E. Tlie contNactor will certify that any vacant employment positions, including training positions that are filled: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 requzYe employment opportunities to be directed, were not filled to circumvent the contYactor's obligations ufu�er 24 CFR PaYt 13�. The contractor will not subcontract with any subcontractor where it has notice of• knowledge that the subcontractoY has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 nzay result in sanctions, teYmination of this contract for default, and debarment or suspension fNom future HUD-assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- DeteY�nination and Education Assistance Act (2� U.S. C. section 450e) also applies to the work to be perfot med under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the awaYd of contracts and subcontracts shall be given to Indian organizations and Indian-owned Econo�nic Enterpr•ises. Parties to this contract that are subject to the provisions of Sectzon 3 and Section 7(b) agt ee to comply with Section 3 to the maximum extent feasible, but not in deYogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. 5.2. Developer Responsibilities for Section 3 Requirements Developer understands and agrees that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all appiicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Project binding upon City and Developer, and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Developer and its contractors, subcontractors and vendors and their respective successors and assigns to those sanctions specified by this Contract through which Federai assistance is provided and to such sanctions as are specified by 24 CFR Part 135. City of Fort WorYh, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvementsj Page ZO of 34 EXHIBIT M Developer's responsibilities include: FW Cowan Place 5.2.1. Impiementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; 5.2.2. Notifying potential contractors working on Section 3 covered projects of their responsibilities; 5.2.3. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; 52.4. Assisting and activeiy cooperating with the NSD in making contractors and subcontractors comply; 5.2.5. Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; 5.2.6. Documenting actions taken to comply with Section 3; and 5.2.7. Submitting Section 3 Annual Summary Reports (fonn HUD-60002) in accordance with 24 CFR Part 135.90. 5.3. Section 3 Reporting Requirements. 5.3.1. Deveioper must report all appiicants for employment by Developer and any contractor or subcontractor to City on an annual basis. This shall include name, address, zip code, date of application, and status (hired/not-hired) as of the date of the report. 5.3.2. Developer must advertise available positions to the public for open competition, and provide documentation to City with a quarterly report that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 5.33. Developer must report all contracts awarded by Developer, contractors and subcontractors to City on an annual basis. This shall include name of contractor and/or subcontractor, address, zip code, and amount of award as of the date of the report. Prohibition Against Discrimination 6.1. Generai Statement Developer, in the execution, performance or attempted performance ofthis Agreement, and in operation of services provided on the Property, shall compiy with ali non-discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Developer may not discriminate against any person because of race, colar, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Developer permit City of Fort «'orth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [1�TPC] Community Facilities Agreement (Public Improvements) Page 21 of 34 EXHIBIT M FW Cowan Place its officers, members, agents, employees, vendors, or project participants to engage in such discrimination. This Agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3- Employment Practices of the City Code, and Deveioper hereby covenants and agrees that Developer, its officers, members, agents, employees, vendors, and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees, vendors, or contractors. 6.2. No Discrimination in Employment during the Performance of this Contract During the perfonnance of this Agreement, Developer agrees to the following provision, and will require for the construction of the Improvements that its contractors, subcontractors and vendors also comply with such provision by inciuding it in all contracts with its contractors, subcontractors or vendors: LContractor's, Subcontractor's or Vendor's Namel will not unlawfully discriminate against any employee or applicants far employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. jContractor's, Subcontractor's or T�endor's Name1 will take aflirmative action to ensure that applicants are hired without regard to race, color, sex, gender, reiigion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that empioyees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shali include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, Iayoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. jContractor's, �'ubcontractor's or T�endor's Namel agrees to post in conspicuous piaces, available to empioyees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [ContractoY's. Subconiractor's or Vendor's Namel will, in all solicitations or advertisements for employees placed by or on behaif of jContractor's, Subcontr�actor's or VendoY's Name1, state that all qualified applicants will receive consideration for empioyment without regard to race, color, sex, gender, religion, national origin, familiai status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. �Contractor's, Subcontractor's or I�endor's Namel covenants that neither itnor any of its officers, members, agents, empioyees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 22 of 34 EXHIBIT M FW Cowan Place [Contractor's, Subcontractor's or T�endor's Name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational gualification, retirement plan or statutory requirement. 6.3. Developer's Contractors and the ADA In accordance with the provisions of the Americans With Disabilities Act oi 1990 ("ADA"), Developer warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Developer or any of its contractors. DEVELOPER WA,RRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF DEVELOPER'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFOP:MANCE OF THIS AGREEMENT. Labor Standards 7.1. As applicable, Developer agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, State and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Developer agrees to compiy with the Copeland Anti- Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the United States Department of Labar at 29 CFR Part 5. Developer shall maintain documentation that demonstrates compliance with hour and wage requirements of this Agreement and the CDBG Regulations. Such documentation shall be made available promptly to City for review upon request. 72. Contractor agrees that, where required by the CDBG Regulations, all contractors engaged under contract for construction, renovation or repair work financed in whole or in part with assistance provided under this Contract, sha11 comply with Federai requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workeis; provided that, if wage rates higher than those required under these regulations are imposed by state or local law, nothing hereunder is intended to relieve Contractor of its obligation, if any, to require payment of the higher wage. Contractor shall cause or require to be inserted in full provisions meeting the requirements of this paragraph in ail such contracts subject to such reguiations. 73. If applicable, Contractor and all lower tier subcontractors will comply with the Davis-Bacon Act as described and attached as Federal Labor Standards Provisions — Davis- Bacon Requirements (fonn HUD-4010). Contractor shall provide City access to employee payroils, Subcontractor payroils and other wage information for persons perforining construction City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [1\TPC] Community Facilities Agreement (Public Improvements) Page 23 of 34 �i.__. : UI FW Cowan Place of the Project. Payrotis must be submitted to the Neighborhood Services Department weekly, and must be available to Neighborhood Services Department staff upon request. In addition, Contractor shali ensure that City will have access to employees and Subcontractors and their empioyees in order to conduct onsite interviews with laborers and mechanics. Contractor shall inform its Subconti•actors that City staff andlor Federal agencies may conduct periodic employee wage interview visits during the construction of the Work to ensure compliance. 8. Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas 8.1. For procurement contracts �50,000.00 or larger, Developer agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Deveioper agrees to incorporate the City's BDE Ordinance, and ail amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or larger, and will further require all persons or entities with which it so contracts to comply with said ordinance. 82. It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipinent, construction and services. 8.3. In order to comply with Federal reporting requirements, Developer must submit the form Contract and Subcontract Activity (fonn HUD-2516) for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the CDBG Funds. Developer shall submit this form annually by the date specified in the form and in the manner and to the person identified in writing, which shail be provided to Developer at the pre-construction conference. 9. Right to Inspect Contractor Contracts It is agreed that City has the right to inspect and approve in writing, prior to any charges being incun•ed, any proposed contracts between Developer and (i) its Contractors, including any lower tier subcontractors engaged in any activity that is funded as a part of the construction of the Improvements to ensure they contain Davis-Bacon Act and Section 3 requirements, (ii) Vendor contracts arising out of the construction of the Improvements, and (iii) any third pariy contracts to be paid with CDBG Funds. 10. Certification Regarding Lobbying The undersigned representative of Developer hereby certifies, to the best of his or her knowledge and beiief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of Developer, to any person for influencing or attempting to influence an o�ceY or employee of any Contractor, a member of Congress, an o�cer or employee of Congf•ess in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Feder•al loan, the entering into of any cooperative agreement and the City of Fort R'orth, Texas Standard Community Facilities Agreement Rev. 10/5/19 [NPCj Community Facilities Agreement (Public Improvements) Page 24 of 34 EXHIBIT M FW Cowan Place extension, continuation, renewal, amendnaent, or modification of any Federal contract, gr�ant, loan or cooperative ag�eement. If any funds other than federally appropriated funds have been paid or will be paid to any peNson for irzfluencing or attempting to influence an officer of• enaployee of any ContractoN, member of Congress in connection with this Federal contract, grant, loan oN coopeYative agreement, DevelopeY shall complete and sub�nit Standard Fornz-LLL, "DisclosuYe Fof�m to Report Lobbying, " in accoYdance with its instructions. This certification is a material repYesentation offact upon which reliance was placed when this Ag�°eement was made or entered into. Submission of this certificate zs a pYerequisite for making or entering into this Agreement imposed by 31 U.S. C. Section 13�2. Anyperson who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000. DO and not more than $100, 000. 00 for each such failure. Developer shali require that the language ofthis certification be included in all subcontracts or agreements involving the expenditure of federal funds. DEVELOPER FW COWAN PLACE, LP, a Texas limited partnership By: FW Cowan Place GP, LLC, a Texas limited Iiability company, its general partner By: Fort Worth Affordability, Inc., a Texas nonprofit corporation, its sole member Sr=' .,?l::�f.� :�..'<3':E::';:�}..;:€;� ...�..MA�,,.�`�....,!'�,«../..�� Name: Mary-Margaret Lemons Title: Secretary/Treasurer Developer agrees that Deve]oper is bound by the terms and conditions set out in this Attachment and further agrees that this Attachment is part of the Contract Documents and is incorporated into the Agreement for all purposes. City of Fort Worth, Texas Standard Community Faeilities Agreement Rev. 10/5/19 [NPC] Community Facilities Agreement (Public Improvements) Page 25 of 34 EXHIBIT M COWAN PIACE CITY PROJECT NO. 103219 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FQRM UNIT PRICE B[D � Pmject item Information Unit ef Descrippon Specifisation Scetion No. I Metcure UNIT 1: WATER IMPROVEMENTS _......._.. _._. _._._ .. ___.._._ __._.__. . _.._.__......... __ 33_05 10 _.._,_ . _..._ .___ LF......,. 33 i t 10, 33 11 12 __. __LF ---__�__.__...-----�________._--._.________.-------. .__ . _�.._ � 33 12 40 .. -------.._� �._---------��.._..___...._..___ _. _------ --._.________------__. _.,.._._._ ___ . __.. _ _: __.__, .. ..,.._...-- . . _ _ _..... ,__ 33 12 10__. ..._. _ __ __.._�`�,. � Sleeve,& Valve _.- -_-- 33 12 25 __ _.... EA _... _.__.. _.__ _.._ and Vault _____ . .. 33 12 11 ._ -_,-_EA --, �_.__...,_ _�__.......--------.�_..� �..,.,,... 33 12 50 EA This Bid is s�bmitted by �the entity named below: BIDDER: Ramsey Contruciion, Inc. 4329 Reeder Dr Carrnllton,'[Y 75010 Contractor ngrees to completc �i'ORK ior FIiVAL ACCEY'PANCE within CONPRICT commmces lo run as provided in th¢ General Conditians. Community Facilities Agreement (Public Improvements) FW C Bidder's Appticatio Biddars Pioposel B�d UnitPrice � BidValue _ �: BY: David Hutchinson � /� �� —.�.—."'�"— TI7LE: Project Atanager DATE: 100 workiug days afttr the dalx �rhln �he Page 26 of 34 EXHIBIT M 2 33s�.aits s�uir5ewerr�pe_._......_.._... _.._ __. _. 3 3331 4116 8" Sewer Pipe, CSS Backfill 4 3331.4115 8" Sewer Pipe --_._.__---------._._.___._�__�__ _ 5 3331.3313 B" SewerService, Reconne� _.�__._.._______.__......_.._�___._�___.__.__ _.__ 6,._ 3305 1103 _20" Casing rBy Oiher Than C _. . _ _ _ . : _ 7__ _ 3306,0113_Trench Water Stops _ ___ _ 8� 3305.0109 Trench Safety �. 9 3:io1.010� Manhole Vacuum TestinSl 70 3301 0002 Post CCN_ inspect�on __. __. _ 11 3339 1003 _4. Extra Depth Manhole ______. ._,_,. ___ 12 This Bid is submitted by the entity named be�ow: BIDDER: Ramsey�Contruction, Inc. 4329 Reedv Dr Cnrtollton, 7'x 75010 Cantracror ngrces to complete �i'ORK for FINAL ACCEPTANCE within COiVTRACC commences to ivn as provided in the Generat Conditions. Community Facilities Agreement (Public Improvements) FW Cowan Place 11 10 33 31 12 lF 40 31 ZO ---..._ ___.,. .. . _... ______ 11 10 33 31 72 �� p10 K� BY: David Hutcli son .A.w TITLE. rojectManaeer � DATE: IUO working days after tl�e date when the , Page 27 of 34 EXHIBIT M _._.__ . 3 3293.0203 8" Conc Pvmt H' 4 3291.0100 Topsoii � 5 3292.OtOQ�Block Sod Place 6 320i 0201 Asphalt Pvmt Rg 13� 14 — --- --. __._..---- ------ 15 ___ _ ....__.._— _.._.,-- _ _ _.__ _ __...._.:__. _ _...._._.._�. _... 16 17 -_.._.____.._------- 18�—_ _ __._�_�..___ __ _----- _ _ . _._ __. 19 ..... .. . ...... . ......_ 20 ..�_ _.. ---_—.....____�._..... _._, 21 ,_ - —__..._ _..._. .---- — -�— 22 _ ... . . _ _ . ., e�ond Defined W�dth Residentiai..__._ ____, _. __ ____. 71 13 _ ._._....__.,_.. 13 13 ----.._... --- 91 19 FW .. . ___ _._ ..._ .. ___ IY 75 This Bid is submitted by the entit,y named below: BIDDER: Rnmscy Contnrction, [nc. 4329 Reeder Dr Cflrroliton, 7'z 75010 Coni�uctur ugrees to cmnplete WORK for FINAL ACCEP'CANCE within CONi'liACf commences to �vn as provided in the Ge�ead CunJiiions. 8Y: David E{utchinson TTT1.E: uject3ltana�er DA'CE: 100 working days aRer the dnfe Community Facilities Agreement (Public Improvements) Page 28 of 34 � Community Facilities Agreement (Public Improvements) � a� x� r ��a s ��s �� p� �S� EXHIBIT M THE CITY OF FORT WORTH CFA VICINITY EXHIBIT WATER AND SEWER IMPROVEMENTS TO SERVE OWNER: DEVELOPER: FORT WORTH, TARRANT COUNTY, TEXAS CAVILE PUBLIC FACILITY CORP McCORMACK BARON SAIAZAR DEVELOPMENT, INC JUNE 2021 72D1 E 13TH STREEf 720 OLIVE STREET, SUITE 2500 IPRC NO: 21-0016 FORT WORTH, TEXAS 76102 ST. LOUIS, MISSOURI 63101 CITY PROJECT NO: 103219 CONTACT: MARY-MARGARET LEMONS CONTACT: MIKE SAUNDERS MAPSCO# 79L PHONE: (817) 333-3401 PHONE: (314) 335-2884 Community Facilities Agreement (Public Improvements) FW Cowan Place FORT WORTH Kimley�>>Horn eoi cn«�y so-.a. uw» sw«no Fwcwo�m.rx�sim anaasas�i sm. mTesu aeobr.eon No. v�eze Page 30 of 34 COWAN PLACE EXHIBIT M � � n 3� p� ��a �� n ��Q � g�� `»;,��; Y; I :r' �...�..�...� 'N : ........�.�„..�..�......_...�,...�,._..::»:�w :..............: � . ' u ...�..... � .,�. yF ii',. .,.....,..� } .............:.. ..... . �`^"�-_-�...� , 6" DOMESTiC WATER LINE - � �T`A.._ . . ti; 6" FH ASSEMBIY � '* • `T ' ■. PROPOSED 2" ' IRRIGATION IINE PROPOSED 6" � FIRE SERVICE LINE ` ' t ,: ; "��•,� .._... �� GRAPHIC SCALE IN FEET 0 20 40 80 NORrw � ; COWAN P�ACE FORT WORTH, TARRANT COUNTY, TEXAS MARCH2O21 IPRC N0: 21-0016 CITY PROJECT NO: 103219 Community Facilities Agreement (Public Improvements) FW Cowan Place � � 3 I � � � � ' � € BLOCK 1 I f �' ROSEDALE PARK ADDITION � ' � � VOLUME 388-B, pqGE 268 ' � '" g � � � CONNECTtON TO EX. 12" WATER LINE I � ' � ; ' � d � � — — �'_'_ _ _ " � .. �; � �:y. u- � .� �"`" �. . �n � _., „ M .., � h. ,�la`: � � _ - .�,.. � � � w.� �� MACq�R��-0R DRIVE � .. .w �. _, . , . N �£ .`.i� �.... � �'�'�..�. �� _ _ �____ _ _ � LEGEND � � � � PROPERTY LINE - WL PROPOSED WATER LINE �- ��" �{ w� EXISTING 12" WATER LINE EXHIBIT A WATER IMPROVEMENTS Kimley�>>Horn eo� cn«n sa.a. w�n n sx.no FaIWwM.TX]61D2 e�r-aascsu �bt�o/�Tmu�Re�traRon No. FSi...vw.v..ec Page 31 oF 34 EXHIBIT M E.4ST ROSEDq�E S7REET 1U0'NfCFft-0E-WAY ---- � I� FW Cowan Place PROPOSED 8" SEWER IINE � --�_ � � --�_ ss_..__.�_ ss__.____-.._ ss..-�-.__ � �� CONNECT TO EXISIING 8" SEWER LINE �h��Y. �. � � _ � _ � �� „ ¢ s�.�y � � � � � � � ; "�" �.` �'"`�. ^`s�w,.�. � g � ? � �r. �§ � .s� € w# �' �_".,..;' �' � t. �. � � ,:;^� .. �' � .3 ��.�� 1 � t # M � � .... ..._ �. � .. . . � � 3� a� �� GRAPHIC SCALE IN FEET �� 0 20 40 80 �§i NORTH �� COWAN PLACE FORT WORTH, TARRANT COUNTY, TEXAS ' Fl MARCH 2O21 �� IPRC N0: 21-0016 �g�� CITY PROJECT NO: 103219 Community Facilities Agreement (Public Improvements) � I � Q '� � v p. a � H� �� .. � � --, _ —..""'.�,�. � � � � � LEGEND _ _ _ � PROPERTY LINE SS PROPOSED SANITARY SEWER -�..-.-.---.-----..,—... EXISTING 8" SANITARY SEVJER EXHI8IT A1 SEWER IMPROVEMENTS Kimley�» Horn en, cne.n so-.a. u� „ s�n.sso F w nn rx �siaZ e�1 �..s ssii 5f �t MT . Rep „.. Ik. F 928.. m Page 32 of 34 EXHIBIT M '---------- — "'------ _" — `PAVEMENT REPAIR Y! �ASt ROSEDqLE STREET 100'q��HT-QFWAV ' � } _� �� _- —_ .r 5 �� i .'"Yvy� � ' i �\ Fn' 4�;..m._...,....._. � �_.; _ � � <:� >_ \ < _ ,. o � , ... . \ . ; g � _ Q 4 : � . . ',.; ; { f `—_^'.�..., O : d" � t `�?�.�s�:_. . � � .. �t �... . . a=... r � �, r ��t... � � � _ � U � � � � ' � � :.�>..�,... ,,;,� �{: � �'t la— � �„� � .,.�,., � _. < I ( `� � $ � � 9 3� x� x �� n �y� ... " ;.p,,.� � „ � <. i� jN ;; ��.„ M , "� �: �,';;,M`, GRAPHIC SCALE IN FEET 0��Norxni COWAN PLACE FORT WORTH, TARRANT COUNTY, TEXAS JUNE 2021 IPRC NO: 21-0016 CITY PROJECT NO: 103279 MAPSCO#79L Community Facilities Agreement (Public Improvements) �� g�� FW Cowan Place ""..--�.. � � ' � LEGEND EXHIBIT B (1 OF 2) PAVEMENT REPAIR PAVING IMPROVEMENTS Kimley»>Horn � � � PROPERTY LINE ewcnem�atunan SWh 950 convrrm.Tx�sim eiTa�sssi� sme erT«a. n<yqeaean e». Faze Page 33 of 34 EXHIBIT M FW Cowan Place I � � ��6m Q � � �F-^ Q'�O� ry Q � O� ��. P K � �� QF' pQ � ' � � P�� 9� � ¢ W p`J�. J�$' ' � � � � J� � > I � I ' � ' � ' =MENT REPAIR ' � � _ � Mm. �;. � � �_ �,M ;� ., _. .. .. . �� m . �.�. �,. � ��. _. �. �..._, �.. :� m MACqRTHU "" �� .,,,...�,..., �,w�M_ R DR�VE � � < a� x� � � �� 3 GRAPHIC SCALE IN FEET � 40 80 NORna COWAN PLACE FORT WORTH, TARRANT COUNTY, TEXAS JUNE 2021 IPRC NO: 21-0016 CITY PROJECT NO: 103219 MAPSCO#79L Community Facilities Agreement (Public Improvements) � I "—�_ � � � _ — LEGEND EXHI8IT B (2 OF 2) PAVEMENT REPAIR PAVING IMPROVEMENTS Kimley�>>Horn � � � PROPERTY �WE Bo+��ms�Ku�a++ S�dle 950 Fonw„n,.rx�s�ax att-aasasii s�«orT�ua.a�o-,so�rw.raze _ Page 34 of 34 Exhibit M-1 - Standard City Conditions (Public Improvements) Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT M-1 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 FW Cowan Place Standard City Conditions (Public Improvements) Page 1 of 39 EXHIBIT M-1 FW Cowan Place STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AVVARDED PROJECTS TABLE OF CONTENTS Page Article 1— Definitions and Terminology .......................................................................................................... l 1.01 Defined Terms ............................................................................................................................... l 1.02 Terminology ..................................................................................................................................5 Article2— Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference ..........................................................................................................6 2.03 Public Meeting ..............................................................................................................................6 Article 3— Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4— Bonds and Insurance .................................................................. 4.01 Licensed Sureties and Insurers ................................................ 4.02 Performance, Payment, and Maintenance Bonds ................... 4.03 Certificates of Insurance .......................................................... 4.04 Contractor's lnsurance ............................................................. 4.05 Acceptance of Bonds and Insurance; Option to Replace........ ................................................. 7 ................................................. 7 ................................................. 7 ................................................. 7 ................................................. 9 ...............................................12 Article 5 — Contractor's Responsibilities ........................................................................................................12 5.01 Supervision and Superintendent .................................................................................................12 5.02 Labor; Working Hours ................................................................................................................13 5.03 Services, Materials, and Equipment ...........................................................................................13 5.04 Project Schedule ..........................................................................................................................14 5.05 Substitutes and "Or-Equals" .......................................................................................................14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) .....................................16 5.07 Concerning Subcontractors, Suppliers, and Others ...................................................................16 5.08 Wage Rates ..................................................................................................................................18 5.09 Patent Fees and Royalties ...........................................................................................................19 5.10 Laws and Regulations .................................................................................................................19 5.11 Use of Site and Other Areas .......................................................................................................19 5.12 Record Documents ......................................................................................................................20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative .................................................................................................................21 5.15 Hazard Communication Programs .............................................................................................22 5.16 Submittals ....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee ..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page Z of 39 EXHIBIT M-1 FW Cowan Place 5.18 Indemnification ...........................................................................................................................24 5.19 Delegation of Professional Design Services ..............................................................................24 5.20 Right to Audit : ............................................................................................................................25 5.21 Nondiscrimination .......................................................................................................................25 Article 6- Other Work at the Site ...................................................................................................................26 6.01 Related Work at Site ...................................................................................................................26 Articie 7 - City's Responsibilities ...................................................................................................................26 7.01 Inspections, Tests, and Approvals ..............................................................................................26 7.02 Limitations on City's Responsibilities .......................................................................................26 7.03 Compliance with Safety Program ...............................................................................................27 Article 8- City's Observation Status During Construction ...........................................................................27 8.01 City's Project Representative .....................................................................................................27 8.02 Authorized Variations in Work ..................................................................................................27 8.03 Rejecting Defective Work ..........................................................................................................27 8.04 Determinations for Work Performed ..........................................................................................28 Article9- Changes in the Work .....................................................................................................................28 9.01 Authorized Changes in the Work ...............................................................................................28 9.02 Notification to Surety ..................................................................................................................28 Article 10 - Change of Contract Price; Change of Contract Time ................................................................28 10.01 Change of Contract Price ............................................................................................................28 10.02 Change of Contract Time ............................................................................................................28 10.03 Delays ..........................................................................................................................................28 Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................29 11.01 Notice of Defects ........................................................................................................................29 11.02 Access to Work ...........................................................................................................................29 11.03 Tests and Inspections ..................................................................................................................29 11.04 Uncovering Work .......................................................................................................................30 11.05 City May Stop the Work .............................................................................................................30 11.06 Correction or Removal of Defective Work ................................................................................30 11.07 Correction Period ........................................................................................................................30 11.08 City May Correct Defective Work .............................................................................................31 Article12 - Completion .................................................................................................................................. 32 12.01 Contractor's Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................32 12.03 Final Inspection ...........................................................................................................................32 12.04 Final Acceptance .........................................................................................................................33 Article13 - Suspension of Work ....................................................................................................................33 13.01 City May Suspend Work ............................................................................................................33 Article14 - Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice ..............................................................................................................................34 CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 Standard City Conditions (Public Improvements) Page 3 of 39 EXHIBIT M-1 FW Cowan Place 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ...............................................................................................................35 14.05 Headings ......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 Standard City Conditions (Public Improvements) Page 4 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terrr�s A. Wherever used in these General Conditions or in other Contract Documents, the terms ]isted below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a]isted-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas honae-rule municipal corporation, acting by, its govef�ning body tltrough its City Manager, his designee, or agents autho��ized pursuant to its duly authorized chaYter on his behalf. 7. Coinmunity Facilities Agreement (CFA) A Contract between the Developer and ihe City for the Construction of one or naore following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, St��eet, Stot•m Drain, Str�eet Light, and Street Signs. A CFA �nay include private facilities within the rright-of-way dedicated as private right-of- way or easement on a recof�ded plat. 8. Contr^act—The entif•e and integrated written document incof porating the Contract Documents between the Developei�, Cont�actor, and/or Ciry concerning the WoYk. The Contract supef•sedes prior negotiations, repYesentatio�zs, or agreements, wheihef• �n�itten or oral. 9. Contr�act Documents—Those items that make up the contract and which must include the Ag�eement, and it's attachments such as standard consti^uction specifications, standard Ciry Conditions, other gene�al conditions of the DevelopeN, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 20 L.i Standard City Conditions (Public Improvements) Page 5 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Cont�actoN The individual of• entity with whom Developer has entered into the Agreement. 11. Day of• day —A day, unless othenvise defined, shall mean a Calendar Day. 12. DevelopeY — An individual ot• entity that desires to make ceNtain improvements within the City of Fort Worth 13. Drawings—That pat�t of the Cont�act Documents p��epaNed or approved by Engineer which gi�aphically shows the scope, extent, and character o, f the Work to be performed by Contr•actor. Subnzittals are not D��awings as so defined. 14. Enginee�^—The licensed professional engineer or ertgineering fii�m Negistered in the State of Texas performing professional se��vices for the Developef•. 15. Final Acceptance — The written notice given by the City to the Developer a�d/or Contractor that the Work specified in the Contr�aci Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: Januapr 10, 2013 Standard City Conditions (Public Improvements) Page 6 of 39 EXHIBIT M-1 FW Cowan Place oorlo-s Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. F'inal Inspection — Inspection carried out by the City to ver� that the Contractor has completed the Wof�k, and each and evety paNt or appurtenance thereof, fully, entirely, and in conformance with the Cont��act Documents. 17. Genef•al Requirements A paNt of the Contr^act Documents between the Developer and a Contr�actor. 18. Laws and Regulations Any and all applicable laws, s°ules, regulations, ordinarrces, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon PNoject funds, Yeal property, or pe�^sonal propei•ty. 20. Milestone A principal event specified in the Contract Docurrrents relating to an inteYmediate Contract Time prior to F'inal Acceptance of the Wof•k. 21. Non-Participating Change Order A document, which is prepared for and reviewed by the City, which is signed by Conh�actor, and DevelopeY, and authof�izes an addition, deletion, or revision in the Work or an adjustmerrt in the Contract Price of� the Coniract Ti�ne, issued on or aftef� the Effective Date of the Agreement. 22, Participating Change Order A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Cont�act Price or the Cont��aci 7'ime, issued on o�� aftet� the Effective Date of the Agreen�ent. 23. Plans — See definitiorr of D�awings. 24. Project Schedule A schedule, prepat•ed and maintained by ContYactor, in accordance with the General Requirements, describing the sequence and duration of the activities con�prising the Conh•actor's plan to acco�nplish the Work within the Contract Time. 25. PYoject—The Work to be performed under the Contract Docun�ents. 26. Pf�oject Representative—The authorized represerrtative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public paNticipation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hou��s — Hours beginning at 7:00 a.m. and ending at 6.�00 p.m., Monday thru Ft�iday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or woz•kmarrship that are representative of some portion of the Work and which establish ihe standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 7 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals A schedule, prepared and maintained by Co�tractor, of requir•ed submittals and the time requirements to support scheduled performance of related eonst��uction activities. 31. Site—Lands of• areas indicated irr the Contr°act Documents as being furnished by City or Developer upon which the WoYk is to be performec� including rights-of-way, pef�mits, and easements for aecess thereto, and such othej� lands furrrished by City o�� DevelopeN which aYe designated for the use of Contractof�. 32. Specifications—That part of the Cont�act Documerrts consisting of written requiNe�nents foY »zaterials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative Yequirements and p�•ocedut•al matters applicable thereto. Specifications may be spec�cally made a paNt of the Contract Documents by attachment or, if not attached, may be incorporated by f�efererrce as indicated in the Table of Gontents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Cont�-act Documents setting forth requirements of the City. 34. Subcontractor An individual or entity having a direct contract with Contracto�� or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or info�°mation which are specifically prepared or assembled by of� for Contr�actor and submitted by Contractor to illustt�ate some portion of the Work. 36. Superintendent —?'he representative of the Contractor who is available at all times and able to receive insh�uctions fi•om the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That paNt of the Conh•act Documents which amends or supplements the General Conditions. 38. Supplier A manufactur�er, fabricator, supplier, distl^ibutor; materialman, or vendor having a dif�ect contr�act with Cont�^actor or with any Subcontractor^ to furnish materials o�° equipment to be incoiporated in the Work by Contractor or Subcontr�actor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wif-es, manholes, vaults, tanks, tunnels, of• othe�� such facilities or attachments, and any encasements corrtaining such facilities, including but not limited to, those that convey electr�icity, gases, steam, liquid petroleum products, telephone oY otheY communications, cable television, water, wastewater; storm water, other liquids o�� chemicals, or tra�c oN other control systems. 40. Weekend Wot�king Hou�°s — Hou�s beginning at 9: 00 a.m. and ending at S: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 20] 3 Standard City Conditions (Public Improvements) Page 8 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 3� 41. Work—The entire construetion or the various separately identifiable paNts thereof i�equired to be provided under the Contract Documents. Work includes and is the result of perfoi^ming oN providing all labo�, sef�vices, and documentation necessary to produce such constr�uction including any Participating Change Order, Non-Pa��ticipating Change Of•det�, or Field OrdeY, and furnishing, installing, and incorporating all matef�ials and equipment into such constr•uction, all as Yequired by the Contract Documents. 42. Wor�king Day — A working day is defined as a day, not including Saturdays, Sundays, oN legal holidays autho��ized by the City foN contract puf�oses, in which weathet� or other conditions not under the control of the Contractor will pef�mit the pef formance of the p�•incipal unit of woNk underway for a continuous period of not less than 7 hours between 7 a. m. and 6 p. m. 1.02 Ter�ninology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. FuNnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" ar the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Wark indicated, unless specifically limited in the contextused. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 20] 3 Standard City Conditions (Public Improvements) Page 9 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Paee 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstr�uction Confe��ence Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3— CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standaf°ds A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, sha]1 mean the standard, specification, manual, code, or Laws or Regulations in efFect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing ContNact Documerrts A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 10 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 3� 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarifcation. ARTICLE 4— BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, ar�d Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds sha]1 remain in efFect for two (2) years after the date of Final Acceptance by the City. C. A]1 bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. A�.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 11 of 39 EXHIBIT M-1 FW Cowan Place 00'73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 3� The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casuaity Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. All applicable policies shail include a Waiver of Subrogation (Rights of Recovezy) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such ]ines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form oi the prlmary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is ciaims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such msurance coverage. 8. Policies shali have no exclusions by endorsements, which, neither nuilify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockho]ders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 Standard City Conditions (Public Improvements) Page 12 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications sha11 not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurarzce A. Wor�kers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outiined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations Under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 13 of 39 EXHIBIT M-1 1) $100,000 2) $100,000 3) $500,000 FW Cowan Place 00 73 ] 0- ] 0 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pa�e 10 of 35 each accident/occurrence Disease - each employee Disease - policy limit B. Commercial General Liabiliry. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/comp]eted operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of'the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate ]imit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Articie of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injuiy or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commerciai business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 14 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- I 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I1 of3� 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if li��nits are at least: 2) $250,000 3) $500,000 4) $100,000 Bodiiy Injury per person Bodily Injury per accident / Property Damage D. Railf•oad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: None Write t1=e name of the railraad compai;y. (if none, then «�ite none} 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties inay require that Contractor to execute a"Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a raiiroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: None E:;nter lirnrts provided by 12aiiroad Compam� (lfnor�e, write nrn�e) b. Each Occurrence: : None E:nter limits provided by Kailroa�i C'�mpany {Ifnone, ��riie nonel 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shal] provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 15 of 39 EXHIBIT M-1 FW Cowan Place oor �0-�2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be rec�uired to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a Iocation entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that raiiroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shail immediately notify City upon cancellation or other loss of insurance coverage. Contractor sha11 stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor sha]1 provide to the City such additional infonnation in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of tl�e Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 16 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of3� Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor sha11 notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor sha11 provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or t11e Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which wi11 not be unreasonably withheld). Written request (by letier or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. SA3 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 Standard City Conditions (Public Improvements) Page 17 of 39 EXHIBIT M-1 FW Cowan Place 00 �> >o- �a Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work sha11 be stored, appiied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Pf�oject Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Os•-Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and qua]ity required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "Ot•-Equal " Iteins: If in City's sole discretion an item of material or equipment proposed by Contractor is funetionally equal to that named and sufficient]y similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or a11 of the requirements for approval of proposed substitute items. For the purposes of this Paragraph S.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the funetion and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if appi•oved and incorporated into the Work: 1) there will be no increase in cost to the City or inerease in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 20li Standard City Conditions (Public Improvements) Page 18 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 1 � Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page I S of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph S.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor sha11 submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipmeilt will not be accepted by City from anyone other than Contractor. c. Contractor shall tnake written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furilish or use. The application shall comply with Section O1 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection witli the Work is subject to payment of any license fee or royalty; and 3) wi11 identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ]0, 2013 Standard City Conditions (Public Improvements) Page 19 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, inciuding costs of redesign and Damage Claims of other contractors affected by any resuiting change. B. Substitute Construction Methods or P�ocedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor sha11 make written application to City for review in the same manner as those provided in Paragraph S.OS.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs S.OS.A and S.OS.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal." City will advise Contractor in writing of its determination. D. Special Guaf°antee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Conh•acto�� shall indemn� and hold harmless City and anyone diNectly or indirectly employed by therra fi�om and against any and all claims, damages, losses and expenses (including attof•neys fees) arising out of the use of substituted matef�ials oY equipt�zent. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs S.OS.A.2 and S.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Ps•e-Qual�cation of Biddef•s (Prirr�e Contractors and SubcontNacto�s) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcont�actors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 20 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pa�e 17 of 35 ❑ Required for this Contract. (Cl�eck tl�is tiaa if thcre i� any City Participaii�n} ❑ Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goai, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: L Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deietion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. sha11 create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the app]icable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 21 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 3� Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ❑ Not Required for this Contract. A. Duty to pay PYevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates detennined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for� Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, inciuding a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial detennination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occun•ed. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City sha11 retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. ANbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10; 2013 Standard City Conditions (Public Improvements) Page 22 of 39 EXHIBIT M-1 FW Cowan Place 00 �3 ] 0- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records sha11 be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. P��ogress Payn�ents. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractar has complied with ihe requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontr�actor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent per»�itted by Laws and Regulations, ContYactor shall indemn� and hold harmless City, fi�om and against all claims, costs, losses, and damages (including but not limited to all fees and chaj�ges of engineers, architects, attorneys, and other p7�ofessionals and all court or arbitration or other dispute resolution costs) arising out of or Nelating to any infi�ingement of patent f�ights oN copyr°ights incident to the use in the perforinance of the Woi�k or resulting from the incorporation in the Work of any invention, design, process, product, or device not spec�ed in the Contract Documents. 5.10 Laws and Regulations A. Contractor sha]1 give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City sha11 not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Wark knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and a11 court or arbitration or other dispute resoiution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Lilnitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and sha11 not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: 7anuary 10, 2013 Standard City Conditions (Public Improvements) Page 23 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 3> other materials or equipment. Contractor sha11 assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or ciosed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site, 3. Should any Dalnage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paf�agraph 5.18, Contractor shall indemn� and hold harmless City, from and against all claims, costs, losses, and damages aYising out of or relating to any claim or action, legal or equitable, brought by any such owner of� occupant against City. B. Removal of Debris Du�°ing Perfo��mance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris sha11 conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withho]d Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the comp]etion of the Work Contractor shall remove from the Site a11 tools, appliances, construction equipment and machinery, and surplus materials and shali restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of a11 Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 24 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pa�e 21 of 35 Samples and a counterpart of all accepted Submittals wi11 be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and ProtecCion A. Contractor shall be solely responsible for initiating, maintaining and supervising a11 safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or repiacement in the course of construction. B. Contractor sha11 comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. A11 damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety RepNesentative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 25 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 HazaNd Colnmunication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Subm�ittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review sha11 not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-On1y submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal wi11 be at the so]e expense and responsibility of Contractor. C. City's Review: City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 26 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects PaQe 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such wiil not indicate approval of the assembly in which the item functions. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of tlie Contract Documents unless Contractor has complied with the requirements of Section O1 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contracto�'s General Wa��ranty and Guarantee A. Contractor warrants and guarantees to City that all Work wi11 be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractars, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 27 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and sha11 furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, seivants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of P��ofessional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: 7anuary 10, 2013 Standard City Conditions (Public Improvements) Page 28 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings wi11 be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (eXcept design calcu]ations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in a11 its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscri�nination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal fnancial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Pubiic Improvements) Page 29 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6— OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Sitie with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be biven to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is perfonning other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 30 of 39 EXHIBIT M-1 FW Cowan Place 00 73 ] 0- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Ps�ogram While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety pro;rams of which City has been informed pursuant to Paragraph 5.-13. ARTICLE S— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Repf•esentative City wi11 provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative wi11 not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generaily to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authot�ized I�af�iations in Wot�k Ciry's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City wiil have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 Standard City Conditions (Public Improvements) Page 31 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 3� 8.04 Determinations for Work �'erformed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (excep� as modified to reflect changed factual conditions or more accurate data). ARTICLE 9— CHANGES IN THE WORK 9.01 AuthoYized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a pi°oject with City participation, a Field Order may be issued by the City. 9.02 Notifrcation to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond wi11 be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Cont�act Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Charrge of Conh�act Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and a11 court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January ] 0, 2013 Standard Ciiy Conditions (Public Improvements) Page 32 of 39 EXHIBIT M-1 FW Cowan Place 00 73 I 0- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11,01 Noiice ofDefects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to WoYk City, independent testing laboratories, and governmental agencies with jurisdictional interests wi11 have access to the Site and the Work at reasonabie times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor sha11 give City timely notice of readiness of the Work for all required inspections, tests, or approvals and sha11 cooperate with inspeetion and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereo� to be inspected, tested, or approved, Contractor shall assume fu11 responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, whicl� shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. City wi11 coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a"fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO7ECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 33 of 39 EXHIBIT M-1 FW Cowan Place 00 �3 � o- �o Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 Any amounts owed for any retest under this Section 11.03 D sl�all be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance un�il the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 Ciry May Stop the Wo��k If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fai]s to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shail not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. ll.06 Corf°ection or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, ]osses, and damages (including but not limited to a11 fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Reaised: January 10, 2013 Standard City Conditions (Public Improvements) Page 34 of 39 EXHIBIT M-1 FW Cowan Place 00�3 �o->> Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 I of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph S.lO.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. A11 claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May CorNect Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 35 of 39 EXHIBIT M-1 FW Cowan Place 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Conh�actor's WarYanry of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Fina1 Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12,03 Finallnspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY COND]TIONS — DEVELOPER AWARDED PROJECTS Revised: lanuary 10; 2013 Standard City Conditions (Public Improvements) Page 36 of 39 EXHIBIT M-1 FW Cowan Place 00 �3 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of a11 pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of a11 Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City sha]l not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Woi•k or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City wil] stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised:January 10,2013 Standard City Conditions (Public Improvements) Page 37 of 39 EXHIBIT M-1 FW Cowan Place 00 73 I 0- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor sha11 store all materials in such a manner that they will not obstruct or impede the public unnecessai-ily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he sha11 provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Ti�nes When any period of time is referred to in the Contract Documents by days, it will be computed to exciude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or availabie by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 38 of 39 EXHIBIT M-1 FW Cowan Place 00 �3 �o- �s Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3� of 3� 14.04 SuYvival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Docuir�ents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or campletion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Standard City Conditions (Public Improvements) Page 39 of 39 Exhibit M-2 - Proiect Manual (Public Improvements) Table of Contents Previous editions are obsolete Construction Contract HUD-92442M (6/18) EXHIBIT M-2 FW Cowan Place � � ' � � PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMTNS TO SERVE COWAN PLACE IPRC Record No. [IPRC21-0016] City Project Na [103219] FID No. [30114-0200431-103219-E07685] X File No. [26861] Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. � Director, Water Department William Johnson, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth SEPTEMBER 2021 Prepared By ��1�1��'��>��`� Texas Registered Engineering Firm F-928 Kimley-Horn No. 067806102 Project Manual (Public Improvements) Table of Contents Page 1 of 7 EXHIBIT M-2 FW Cowan Place 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 T��*�*�^� *� R;�'�'�r� 03/20/2020 00 21 13 '��+r„�':�� +� ":a�'�r� 03/20/2020 00 41 00 � 04/02/2014 00 42 43 Pro osal Fonn Uni� Price OS/22/2019 00 43 13 �� 04/02/2014 00 45 11 ' ' 04/02/2014 00 45 12 Pre ualification Statement 09/01/2015 00 45 13 03/09/2020 00 45 26 Contractor Com liance with Workers' Com ensation Law 04/02/2014 00 45 40 08/21 /2018 00 52 43 Aareement 06/16/2016 00 61 25 Certificate of Insurance � 07/O1/2011 00 62 13 Performance Bond O1/31/2012 00 62 14 Pa ment Bond 01/31/2012 00 6219 Maintenance Bond O1/31/2012 00 72 00 �'��r�' �'��':+:�� 11/15/201� 00 73 00 07/O 1/2011 00 73 10 Standard City Conditions ofthe Construction Contract for Developer O1/10/2013 Awarded Pro'ects Division Ol - General Re uirements Last Revised O1 11 00 Summa of Work 12/20/2012 O 1 25 00 Substitution Procedures 08/30/2013 O1 31 19 Preconstruction Meetin 08/30/2013 O 1 31 20 07/O 1/2011 O1 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 O1 35 13 S ecial Project Procedures 08/30/2013 Ol 45 23 Testin and Ins ection Services 03/20/2020 O1 50 00 Tem ora Facilities and Controis 07/O1/2011 O1 55 26 Street Use Permit and Modifications to Traffic Control 07/Ol/2011 Ol 57 13 Storm Water Pollution Prevention Plan 07/O1/2011 O1 60 00 Product Re uirements 03/20/2020 O1 66 00 Product Stora e and Handlin Re uirements 04/07/2014 O1 70 00 Mobilization and Remobilization 04/07/2014 Ol 71 23 Construction Stakin 04/07/2014 O1 74 23 Cieanin 04/07/2014 O1 77 19 Closeout Re uirements 04/07/2014 O1 78 23 O eration and Maintenance Data 04/07/2014 O1 78 39 Pro'ect Record Documents 04/07/2014 CITY OF FORT WORTH COYT'AN PGACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CPN.• 103219 Revised March 20. 2020 Project Manual (Public Improvements) Table of Contents Page 2 of 7 EXHIBIT M-2 FW Cowan Place 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions None Division 03 - Concrete None Division 26 — Electrical None Division 31— Earthwork None Division 32 — Exterior Improvements None Division 33 — Utilities None Division 34 — Transportation None CITY OF FORT WORTH COWAN PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised Mazch 20, 2020 Project Manual (Public Improvements) Table of Contents Page 3 of 7 EXHIBIT M-2 FW Cowan Place 00 00 00 STANDARD CONSTRUCTIOI�I SPECIFICATION DOCUMENTS Page 3 of 6 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: h ttp://fortworthtexas. �ov/tpw/contractors/ or � �tps:I/a��as.fc��t��arthte�as.�:or/P�•alect�2esc�t� rces/ Division 02 - Existin Conditions 02 41 13 Selective Site Demolition 02 41 14 � 02 41 15 Pavin� Removal Division 03 - Concrete Last Revised 12/20/2012 12/20/2012 02/02/2016 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Stren h Material CLSM 12/20/2012 03 34 16 Concrete Base Material for Trench Re air 12/20/2012 03 80 00 Modifications to E�stin Concrete Structures 12/20l2012 Division 26 - Electrical Division 31 - Earthwork 31 10 00 12/20/2012 31 23 16 Unclassified Excavation Oi/28/2013 31 23 23 � Ol/28/2013 31 24 00 �� Ol/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 ��a�ie�s 12/20/2012 31 37 00 12/20/2012 Division 32 - Exterior Im rovements 32 O1 17 12/20/2012 32 O1 18 12/20/2012 32 O1 29 Concrete Pavina Re air ]2/20/2012 32 11 23 �'�^":�'��'�^^^ r^„"^^^ 12/20/2012 32 I 1 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20J2012 32 11 37 08/21/2015 32 12 16 12/20/2012 32 12 73 12/20/2012 32 13 13 Concrete Pavin 12/20/2012 32 13 20 , 06/OS/2018 32 13 73 Concrete Pavina Joint Sealants 12/20/2012 32 14 16 12/20/2012 CITY OF FORT WORTH COii'ANPIy10EIPRC21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CP�': 103219 Revised March 20, 2020 Project Manuai (Public Improvements) Table of Contents Page 4 of 7 EXHIBIT M-2 FW Cowan Place 00 00 00 STANDARD CONSTRDCTION SPECIFICATION DOCUMENTS Page 4 of 6 32 16 13 Concrete Curb and Gutters and Valle Gutters 10/OS/2016 32 17 23 Pavement Markin s 11/22/2013 32 17 25 i l/0412013 32 31 13 r'�^�r �^�^^^ ^�a n�+�� 12/20/2012 32 31 26 "':�� ^�� ^�a r'^+�� 12/20/2012 32 31 29 `x'^^a �'�^^�^ ^^a r'^+^^ 12/20/2012 32 32 13 r'^^+ :� D,^^^ �'^�^�^+^ D^+^:^:^^ "'^„^ 06/05/2018 32 91 19 12/20/2012 32 92 13 ' , ' , 12/20/2012 32 93 43 `rr�� ^�a c'".^'�� 12/20/2012 Division 33 - Utilities 33 O1 30 Sewer and Manhole Testin 12/20/2012 33 01 31 Closed Circuit Television CCTV Ins ection 03/03/2016 33 03 10 B ass Pum in of Existin Sewer S stems 12/20/2012 33 04 10 12/20/2012 33 04 I 1 �'�r��^:^" r'^"*�� ?'""+ c+�+:�„" 12/20/2012 33 04 12 12/20/2012 33 04 30 07/O1/2011 33 04 40 Cleanin and Acce tance Testin of Water Mains 02/06/2013 33 04 50 Cleanin of Sewer Mains 12/20/2012 33 OS 10 Utilit Trench Excavation, Embedment, and Backfill 12/12/2016 33 OS 12 12/20/2012 33 OS 13 Frame, Cover and Grade Rin s— Cast Iron O1/22/2016 33 OS 13.10 Frame, Cover and Grade Rin s— Com osite O1/22/2016 33 OS 14 Adjusting Manholes, Inlets, Vaive Boxes, and Other Structures to 12/20/2012 Grade 33 OS 16 Concrete Water Vauits 12/20/2012 33 OS 17 r'^^^�^*^ r'^'r^�^ 12/20/2012 33 OS 20 Au er Borin 12/20/2012 33 OS 21 Tunnel Liner Plate 12/20I2012 33 OS 22 Steei Casin Pi e 12l2012012 33 OS 23 12/20/2012 33 OS 24 Installation of Carrier Pi e in Casin or Tunnel Liner Plate 06/19/2013 33 OS 26 Utilit Markers/Locators 12/20/2012 33 OS 30 Location of Existin Utilities 12/20/2012 33 11 OS Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pi e 12/20/2012 33 11 11 Ductile Iron Fittin s 12/20/2012 33 11 12 Pol vin 1 Chloride PVC Pressure Pi e 1 U1612018 331113 ' , , 12/20/2012 3 3 11 14 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Lar e Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 12/20/2012 33 12 25 Connection to Existin Water Mains 02/06/2013 33 12 30 12/20/2012 33 12 40 Fire H drants O1/03l2014 CITY OF FORT WORTH COWANPLACEIPRCZI-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 Project Manual (Public Improvements) Table of Contents Page 5 of 7 EXHIBIT M-2 FW Cowan Place 00 00 00 STANDARD CONSTRUCTION SPECIFICATtON DOCUMENTS Page 5 of 6 CITY OF FORT WORTH COWANPLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: 103219 Revised March 20, 2020 Project Manual (Public Improvements) Table of Contents Page 6 of 7 1�►�:IIe�Yruda FW Cowan Place 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 6 Appendix GC-4,01 Availability of Lands GC-4.02 Subsurface and Physical Conditions �-�-04 i r�ao..n,.,,,,�a �.,,.:�:+:o� r-_� n n� u a n • �.,t r� a•�',.., + c',-o �o . rxicz'iri a�o aS-�iz c'mc�irrcrcmar cc�irarciorrnr..'irc GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities C-��1 ,.r,.�a;�,...;...;�.,,:,,� GR-Ol 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH � COY�A.N PLACE IPRC 21-0016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN: ]03219 Revised March 20, 2020 Project Manuai (Public Improvements) Table of Contents Page 7 of 7 CITY OF FORT WORTH Oak Grove Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102802 Revised July 1, 2011 APPENDIX GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GR-01 60 00 Product Requirements CITY OF FORT WORTH Oak Grove Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102802 Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK REPORT COVER PAGE Geotechnical Engineering Report __________________________________________________________________________ Rosedale Senior Living Fort Worth, Tarrant County, Texas February 28, 2020 Terracon Project No. 95195208 Prepared for: McCormack Baron Salazar St. Louis, Missouri Prepared by: Terracon Consultants, Inc. Fort Worth, Texas February 28, 2020 McCormack Baron Salazar 720 Olive Street, Ste 2500 St. Louis, Missouri 63101 Attn: Mr. Mike Saunders, AIA — Senior VP P: (314) 335 2884 E: mike.saunders@mccormackbaron.com Re: Geotechnical Engineering Report Rosedale Senior Living SWC of E. Rosedale St. & Stalcup Rd. Fort Worth, Tarrant County, Texas Terracon Project No. 95195208 Dear Mr. Saunders: 1 ��rracan Ge�oRepor� We have completed the Geotechnical Engineering services for the above referenced project. This study was performed in general accordance with Terracon Proposal No. P95195208 dated December 30, 2019 and revised on January 15, 2020. This report presents the findings of the subsurface exploration and provides geotechnical recommendations concerning earthwork, the design and construction of foundations and floor slabs, and pavements for the proposed project. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report or if we may be of further service, please contact us. Sincerely, T�rracon Consultants, Inc. � i ----�' `� [/� � � i � � Christopher W. Eddy, P. `. Senior Geotechnical Engineer s�P�� OF T,F��111 g:'�',S t� �*� .*1 , •. * : • ir . � ............... ............ CHRISTOPHER W. EDDY , ..... ................. .. � �j, :,, 86610 �� c�Ns�°'' ��'�s 1�1';��NAL�� Cheryl C. Pedraza, P.E. Geotechnical Department Manager Terracon Consul`.ants, Ina 2501 East Loop ?20 North Fort Wo�th, Tex� 7� �: �egistration No. F-3272 - ' 8600 F [817� ' '� - ",_ �con.com, . Responsive ■Resourceful ■Reliable 1 REPORT TOPICS INTRODUCTION ............................................................................................................. 1 INTRODUCTION ............................................................................................................. 1 SITE CONDITIONS ......................................................................................................... 1 PROJECT DESCRIPTION .............................................................................................. 2 GEOTECHNICAL CHARACTERIZATION ...................................................................... 3 GEOTECHNICAL OVERVIEW ....................................................................................... 4 EARTHWORK................................................................................................................. 4 DEEP FOUNDATIONS ................................................................................................. 10 FLOOR SYSTEM IN CONJUNCTION WITH DEEP FOUNDATIONS .......................... 13 SLAB-ON-GRADE FOUNDATION ............................................................................... 16 SEISMIC CONSIDERATIONS ...................................................................................... 18 RETAINING WALLS AND ELEVATOR PIT WALLS ................................................... 18 PAVEMENTS ................................................................................................................ 23 GENERAL COMMENTS ............................................................................................... 27 FIGURES ...................................................................................................................... 29 Note: This report was originally delivered in a web-based format.Orange Bold text in the report indicates a referenced section heading. The PDF version also includes hyperlinks which direct the reader to that section and clicking on the GeoReport logo will bring you back to this page. For more interactive features, please view your project online at client.terracon.com. ATTACHMENTS EXPLORATION AND TESTING PROCEDURES PHOTOGRAPHY LOG SITE LOCATION AND EXPLORATION PLANS EXPLORATION RESULTS SUPPORTING INFORMATION Note: Refer to each individual Attachment for a listing of contents. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable i REPORT SUMMARY Topic 1 Overview Statement 2 Project Description We understand that the project will consist of a three to four-story senior living facility of approximately 120,000 gross square feet with associated parking and drive lanes. Geotechnical Characterization Fat clays and sandy lean clays were present to depths of about 12 to 14 feet in the building borings. These clays were underlain by tan and gray shale. Groundwater seepage not encountered in the test borings. Earthwork Existing clays can be used for general site grading. Deep Foundations and Floor System Straight-sided drilled shafts situated in the tan and gray shale (GeoModel Layer 2) can be used to support the planned structure. The shale was present at depths of about 11 to 14 feet in the building borings. A structurally supported floor system (with a void space provided between the active clays and floor system) should be used in conjunction with drilled piers if floor movements are to be limited to less than 1 inch. A floor slab supported on a modified subgrade that has been prepared to reduce soil movements is recommended if floor slab movements of about one inch can be tolerated. Slab-On-Grade Foundation As an alternate to drilled shafts, a conventionally reinforced or post-tensioned slab- on-grade foundation system placed on a modified subgrade can be used to support the proposed building. Seismic Considerations Based on the 2012/2015 International Building Code (IBC) and ASCE/SEI 7-10, the seismic site classification for this site is C. Pavements Asphalt and concrete paving can be considered for the site. If asphaltic concrete is used, the subgrade should be modified with lime. Portland cement concrete pavements can be placed on a compacted subgrade without lime. These pavements are not equal in performance. The portland cement concrete pavement is expected to require less maintenance. General Comments This section contains important information about the limitations of this geotechnical engineering report. 1.If the reader is reviewing this report as a pdf, the topics above can be used to access the appropriate section of the report by simply clicking on the topic itself. 2.This summary is for convenience only. It should be used in conjunction with the entire report for design purposes. Responsive ■Resourceful ■Reliable 1 INTRODUC TION Geotechnical Engineering Report Rosedale Senior Living SWC of E. Rosedale St. & Stalcup Rd. Fort Worth, Tarrant County, Texas Terracon Project No. 95195208 February 28, 2020 INTRODUCTION This report presents the results of our subsurface exploration and geotechnical engineering services performed for the proposed senior living facility to be located at the southwest corner of E. Rosedale Street and Stalcup Road in Fort Worth, Tarrant County, Texas. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: ■Subsurface soil (and rock) conditions ■Floor slab design and construction ■Groundwater conditions ■Seismic site classification per IBC ■Site preparation and earthwork ■Pavement design and construction ■Foundation design and construction ■Lateral earth pressures The geotechnical engineering Scope of Services for this project included the advancement of four test borings to depths to a depth of 25 feet each below existing site grades and two test borings to a depth of 5 feet each in the planned parking areas. The two shallow borings were not drilled as the test boring locations were not accessible due to thick vegetation. Maps showing the site and boring locations are shown in the Site Location and Exploration Plan sections, respectively. The results of the laboratory testing performed on soil samples obtained from the site during the field exploration are included on the boring logs in the Exploration Results section. SITE CONDITIONS The following description of site conditions is derived from our site visit in association with the field exploration and our review of publicly available geologic and topographic maps. Item Description Parcel Information The project is located at the southwest corner of E. Rosedale Street and Stalcup Road in in Fort Worth, Tarrant County, Texas. 32.7298°N, 97.2377°W (approximate) See Site Location Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 2 Item Description Existing Improvements None; vacant land Current Ground Cover Grass, bare earth, and heavy brush/tree coverage in the south portion of the site Existing Topography Based on topographical information available from NCTCOG’s website (www.dfwmaps.com), the ground surface is highest in elevation in the southeast corner of the site and slopes downward to the north and west with as much as 16 to 18 feet of elevation change across the site. We also collected photographs at the time of our field exploration program. Representative photos are provided in our Photography Log. PROJECT DESCRIPTION Our initial understanding of the project was provided in our proposal and no comments have been made by the design group/client and our final understanding of the project conditions is as follows: Item Description Project Description We understand that the project will consist of a three to four-story senior living facility of approximately 120,000 gross square feet with associated parking and drive lanes. Building Construction Wood-frame Finished Floor Elevation ±4 feet of existing grade (assumed) Maximum Loads ■Columns: 300 kips ■Walls: 2 to 3 kips per linear foot (klf) ■Slabs: 150 pounds per square foot (psf) Grading/Slopes Cut and fill will be required to develop final grade. Final slope angles of as steep as 4H:1V (Horizontal: Vertical) are expected. Below Grade Structures Limited to elevator pits up to 4 feet in height Free-Standing Retaining Walls Retaining walls up to 5 feet in height are expected to achieve final grades. Pavements We assume both rigid (concrete) and flexible (asphalt) pavement sections should be considered. Please confirm this assumption. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 3 GEOTECHNICAL CHARACTERIZATION We have developed a general characterization of the subsurface conditions based upon our review of the subsurface exploration, laboratory data, geologic setting and our understanding of the project. This characterization, termed GeoModel, forms the basis of our geotechnical calculations and evaluation of site preparation and foundation options. Conditions encountered at each exploration point are indicated on the individual logs. The individual logs can be found in the Exploration Results section and the GeoModel can be found in the Figures section of this report. As part of our analyses, we identified the following model layers within the subsurface profile. For a more detailed view of the model layer depths at each boring location, refer to the GeoModel. Model Layer Layer Name General Description 1 Clay Reddish brown, tan and gray, with sand and limestone seams 2 Shale Tan and gray, with limestone seams and layers The following table summarizes the rock profile in the building borings: Boring Number Approximate Depth to Top of Shale (feet)1 B-1 12 B-2 12 B-3 13 B-4 14 1.Below ground surface Groundwater was not observed in the borings while drilling, or for the short duration the borings could remain open. However, this does not necessarily mean the borings terminated above groundwater, or the water levels summarized above are stable groundwater levels. Due to the low permeability of the soils encountered in the borings, a relatively long period may be necessary for a groundwater level to develop and stabilize in a borehole. Long-term observations in piezometers or observation wells sealed from the influence of surface water are often required to define groundwater levels in materials of this type. Groundwater level fluctuations occur due to seasonal variations in the amount of rainfall, runoff and other factors not evident at the time the borings were performed. The possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 4 GEOTECHNICAL OVERVIEW The subsurface conditions encountered in the test borings consist of fat clay and sandy lean clay soils overlying shale. The shale was encountered at depths of 12 to 14 feet and extended to the termination of the borings at a depth of 25 feet. Expansive soils are present on this site. At the time of our field operations on February 18, 2020, the overburden soils varied from a wet to dry state. Our laboratory absorption swell test results were as high as 12.8% for samples tested. Based on the Plasticity Index (PI) of the soils, the potential vertical rise (PVR) of the site soils is estimated to be on the order of 4 to 5 inches. The PVR is estimated utilizing the TxDOT method TEX-124-E and based on dry soil conditions. We recommend supporting foundation loads for the building on straight-sided drilled shafts situated in the shale stratum that was present at depths of about 12 to 14 feet below existing grades in the borings. Alternatively, the building may be supported on a conventionally reinforced or post-tensioned slab-on-grade foundation system placed on a modified subgrade. If movements on the order of one inch are acceptable, the floor slab used in conjunction with drilled shaft foundations can be supported on a moisture conditioned subgrade and capped with a 1-foot layer of select fill or flexible base. If movements of less than one inch are required, the floor system should be suspended above the active clays. Two foundation options can be considered for this site. Straight drilled shafts bearing in the tan and gray shale can be utilized to support the structure, or the structure can be supported using a slab-on-grade foundation. Asphalt and concrete paving can be considered for the site. If asphaltic concrete is used, the subgrade should be modified with lime. Portland cement concrete pavements can be placed on a compacted subgrade without lime. These pavements are not equal in performance. The portland cement concrete pavement is expected to require less maintenance. This summary should be used in conjunction with the entire report for design purposes. It should be recognized that details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. The section titled General Comments should be read for an understanding of the report limitations. EARTHWORK The following sections provide recommendations for use in the preparation of specifications for the work. Recommendations include critical quality criteria as necessary to render the site in the Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 5 state considered in our geotechnical engineering evaluation for foundations, floor slabs, retaining walls, and pavements. Site Preparation Site preparation for the proposed project should include removing the existing vegetation and any other unsuitable surface materials from the areas of new construction. The exposed subgrade should be proof rolled prior to placing any fill. The proof rolling should be performed with a fully loaded, tandem-axle dump truck or other equipment providing an equivalent subgrade loading. A minimum gross weight of 20 tons is recommended for the proof rolling equipment. The proof rolling should consist of several overlapping passes in mutually perpendicular directions over a given area. Any soft or pumping areas should be modified using one of the methods outlined below. Methods of subgrade improvement, as described below, could include scarification and recompaction at the proper moisture content, chemical treatment (lime), or removal of unstable materials and replacement with granular fill (with or without a geogrid). The appropriate method of improvement, if required, would be dependent on factors such as schedule, weather, the size of the area to be stabilized, and the nature of the instability. More detailed recommendations can be provided during construction as the need for subgrade modification occurs. Performing site grading operations during warm seasons and dry periods would help to reduce the amount of subgrade stabilization required. n Scarification and Compaction – It may be feasible to scarify, dry, and compact the exposed soils. The success of this procedure would depend primarily upon favorable weather and sufficient time to dry the soils. Stable subgrades likely would not be achievable if the thickness of the unstable soil is greater than about 2 feet, if the unstable soil is at or near groundwater levels, or if construction is performed during a period of wet or cool weather when drying is difficult. n Chemical Treatment – Improvement of subgrades with lime could be considered for improving unstable soils. Lime modification should be performed by a prequalified contractor having experience with successfully stabilizing subgrades in the project area on similar sized projects with similar soil conditions. The hazards of chemicals blowing across the site or onto adjacent property should also be considered. Additional testing would be needed to develop specific recommendations to improve subgrade stability by blending chemicals with the site soils. Additional testing could include, but not be limited to, evaluating various admixtures, the optimum amounts required and the presence of sulfates in the soil. n Crushed Stone – The use of crushed stone or crushed gravel is a very common procedure to improve subgrade stability. Typical undercut depths would be expected to range from about 6 to 12 inches below finished subgrade elevation. The use of a geogrid could also be Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 6 considered after underground work such as utility construction is completed. Prior to placing the geogrid, we recommend that all below-grade construction, such as utility line installation, be completed to avoid damaging the geogrid. Equipment should not be operated above the geogrid until one full lift of crushed stone fill is placed above it. The maximum particle size of granular material placed over geotextile fabric or geogrid should meet the manufacturer’s specifications, and generally should not exceed 1½ inches. Further evaluation of the need and recommendations for subgrade treatment can be provided during construction as the geotechnical conditions are exposed. Suitable Fill Material Types The following soil materials are discussed in the coming sections of this report. The following table summarizes their nomenclature, detailed descriptions, and appropriate usage in the context of this project. Soil Type Technical Description Appropriate Use On-site soils Free of vegetation, organic material, debris, and rocks greater than 4 inches in maximum dimension. 1) General site grading 2) Building pad 3) Pavement subgrades (natural or lime treated) 4) Utility trench backfillImported fill Clean clay soil (free of deleterious material and debris) with a liquid limit (LL) less than 60 percent and no rock greater than 4 inches in maximum dimension Select fill Sandy clay to clayey sand with a liquid limit (LL) of less than 35 and a plasticity index (PI) between 6 and 15 1) Upper 1 foot of the building pad 2) Retaining wall backfill Flexible base TxDOT Item 247, Type D, Grade 1-2. Recycled concrete meeting this gradation is acceptable. Granular wall backfill Crushed stone or gravel with less than 3% passing No. 200 sieve and less than 30% passing No. 40 sieve, non-plastic 1) Retaining wall backfill *TxDOT – Texas Department of Transportation Compaction Requirements Recommendations for compaction are presented in the following table.We recommend that engineered fill be tested for moisture content and compaction during placement. Should the results of the in-place density tests indicate the specified moisture or compaction limits have not Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 7 been met, the area represented by the test must be reworked and retested as required until the specified moisture and compaction requirements are achieved. Item Compaction Moisture Content On-site soils or imported fills outside the moisture conditioned zone1 A minimum of 95% maximum standard Proctor dry density (ASTM D 698) For PI <20 at or above optimum moisture content For PI ≥20 at a minimum of +2 percentage points of optimum moisture content Moisture conditioned soils 1 In the range of 92% to 98% maximum standard Proctor dry density (ASTM D 698) For PI < 20 at a minimum of +2 percentage points of optimum moisture content For PI ≥ 20 at a minimum of +4 percentage points of optimum moisture content Select fill / flexible base 1 A minimum of 95% maximum standard Proctor dry density (ASTM D 698) In the range of -2 to +2 percentage points of optimum moisture content Clay backfill for exterior face of grade beam1 A minimum of 92% to 98% maximum standard Proctor dry density (ASTM D 698) For PI < 20 at a minimum of +2 percentage points of optimum moisture content For PI ≥ 20 at a minimum of +4 percentage points of optimum moisture content Pavement subgrades2 A minimum of 95% maximum standard Proctor dry density (ASTM D 698) In the range of 0 to +3 percentage points of optimum moisture content 1.Fills should be placed in maximum loose lifts of 9 inches or less. 2.The compaction criteria in fire lanes and roadways must meet the requirements, if any, as prescribed by the local governing authority. Utility Trench Backfill Utility trenches are a common source of water infiltration and migration. Utility trenches penetrating beneath the building should be effectively sealed to restrict water intrusion and flow through the trenches, which could migrate below the building. The trench should provide an effective trench plug that extends at least 5 feet from the face of the building exterior. The plug material should consist of cementitious flowable fill or low permeability clay. The trench plug material should be placed to surround the utility line. If used, the clay trench plug material should be placed and compacted to comply with the water content and compaction recommendations for fill stated previously in this report. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 8 Grading and Drainage The performance of the proposed structure will not only be dependent upon the quality of construction, but also upon the stability of the moisture content of the near surface soils. Therefore, we highly recommend that site drainage be developed so that ponding of surface runoff near the structure does not occur. Accumulation of water near the structure may cause significant moisture variations in soils adjacent to the structure, thus increasing the potential for structural distress. Effective drainage away from the structure and excavations must be provided during construction and maintained through the life of the proposed project. Infiltration of water into excavations should be prevented during construction. Water retained next to the building can result in soil movements greater than those discussed in this report. Greater movements can result in unacceptable differential floor slab and/or foundation movements, cracked slabs and walls, and roof leaks. Exposed ground should be sloped and maintained at a minimum 5 percent away from the building for at least 10 feet beyond the perimeter of the building. Locally, flatter grades may be necessary to transition ADA access requirements for flatwork. Roof runoff and surface drainage should be collected and discharged away from the structure to prevent wetting of the foundation soils. Roof gutters should be installed and connected to downspouts and pipes directing roof runoff at least 10 feet away from the structure or discharged on to positively sloped pavements or to stormwater collection systems. Sprinkler mains and spray heads should preferably be located at least 5 feet away from the structure such that they cannot become a potential source of water directly adjacent to the structure. In addition, the owner and/or builder should be made aware that placing large bushes and trees adjacent to the structure may cause significant moisture variations in the soils underlying the structure. In general, tree roots can adversely influence the subsurface soil moisture content to a distance of at least 1½ times the mature height of the tree and beyond the tree canopy. Watering of vegetation should be performed in a timely and controlled manner and prolonged watering should be avoided. Landscaped irrigation adjacent to the foundation units should be minimized or eliminated. Special care should be taken such that underground utilities do not develop leaks with time. After building construction and landscaping, final grades should be verified to document effective drainage has been achieved. Grades around the structure should also be periodically inspected and adjusted as necessary as part of the structure’s maintenance program. Where paving or flatwork abuts the structure, a maintenance program should be established to effectively seal and maintain joints and prevent surface water infiltration. Water permitted to pond next to the structure can result in greater soil movements than those discussed in this report. Estimated movements Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 9 described in this report are based on effective drainage for the life of the structure and cannot be relied upon if effective drainage is not maintained. Earthwork Construction Considerations Shallow excavations, for the proposed structure, are anticipated to be accomplished with conventional construction equipment. In some areas, limestone seams and layers could be present at relatively shallow depths. The limestone is hard and may be difficult to excavate. Excavations extending into the limestone may require breaker hoes and trenchers equipped with rock teeth. Line drilling can be used to control over break at the limits of the excavation. The limestone may be very difficult to process down for use as suitable fill in the building and paving areas and may have to be placed in landscape areas (i.e. outside building and pavement areas) or wasted. Upon completion of filling and grading, care should be taken to maintain the subgrade water content prior to construction of floor slabs. Construction traffic over the completed subgrades should be avoided. The site should also be graded to prevent ponding of surface water on the prepared subgrades or in excavations. Water collecting over, or adjacent to, construction areas should be removed. If the subgrade freezes, desiccates, saturates, or is disturbed, the affected material should be removed, or the materials should be scarified, moisture conditioned, and recompacted, prior to floor slab construction. Based upon the subsurface conditions determined from the geotechnical exploration, unstable subgrade soils may be encountered during construction. The stability of the subgrade may also be affected by precipitation, repetitive construction traffic, closeness to the groundwater seepage, or other factors. If unstable conditions develop, workability may be improved by scarifying and drying. Lightweight excavation equipment may be required to reduce subgrade pumping. The use of remotely operated equipment, such as a backhoe, would be beneficial to perform cuts and reduce subgrade disturbance. As a minimum, excavations should be performed in accordance with OSHA 29 CFR, Part 1926, Subpart P, “Excavations” and its appendices, and in accordance with any applicable local, and/or state regulations. Construction site safety is the sole responsibility of the contractor who controls the means, methods, and sequencing of construction operations. Under no circumstances shall the information provided herein be interpreted to mean Terracon is assuming responsibility for construction site safety, or the contractor's activities; such responsibility shall neither be implied nor inferred. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 10 Construction Observation and Testing The earthwork efforts should be monitored under the direction of a representative of the Geotechnical Engineer. Monitoring should include documentation of adequate removal of vegetation and top soil, proof rolling and mitigation of areas delineated by the proof roll to require mitigation. Each lift of compacted fill should be tested, evaluated, and reworked as necessary until approved by the Geotechnical Engineer’s representative prior to placement of additional lifts. Each lift of fill should be tested for density and water content at a frequency of at least one test for every 2,500 square feet of compacted fill in the building areas and 5,000 square feet in pavement areas. One density and water content test for every 50 linear feet of compacted utility trench backfill. In areas of foundation excavations, the bearing subgrade should be evaluated under the direction of the Geotechnical Engineer’s representative. In the event that unanticipated conditions are encountered, the Geotechnical Engineer should prescribe mitigation options. In addition to the documentation of the essential parameters necessary for construction, the continuation of the Geotechnical Engineer’s representative into the construction phase of the project provides the continuity to maintain the Geotechnical Engineer’s representative evaluation of subsurface conditions, including assessing variations and associated design changes. DEEP FOUNDATIONS Drilled Shaft Design Parameters Soil design parameters are provided in the following table for the design of drilled shaft foundations. The values presented for allowable side friction and end bearing include a factor of safety. Design Parameter Recommendations Bearing stratum Tan and gray shale (GeoModel Layer 2) Allowable end bearing 10,000 psf Allowable skin friction – compression 1,000 psf Allowable skin friction – tension 750 psf Minimum penetration to develop end bearing 3 feet or 1 shaft diameter, whichever is greater Penetration to develop skin friction Below the surface of the shale or below any temporary casing set in the shale, whichever is deeper. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 11 Design Parameter Recommendations Minimum center to center spacing to develop full skin friction 3 times the diameter of the larger shaft. Closer spacing may require some reductions in skin friction and/or changes in installation sequences. Closely spaced shafts should be examined by Terracon on a case by case basis. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 3 diameters to 50 percent of the design value at 1.0 diameter. Groups of 3 or more shafts placed closer than 3 shaft diameters Should be evaluated on a case by case basis by Terracon. Alternative installation sequences may be needed to allow for a minimum of 48 hours concrete curing time, before installation of adjacent shafts. Minimum shaft diameter 18 inches Settlement Less than ½ inch for column loads of 300 kips or less Drilled Shaft Lateral Loading The following table lists input values for use in LPILE analyses. Since deflection or a service limit criterion will most likely control lateral capacity design, no safety/resistance factor is included with the parameters. Soil Type Moisture Conditioned Clay Soils1 Undisturbed Clay Soils1 Shale LPILE Material Type Soft Clay Stiff clay w/o free water Stiff clay w/o free water Effective Soil Unit Weight (pcf)120 125 135 Undrained cohesion, c (psf)500 1,000 3,000 2.The upper 4 feet of the soil should be neglected due to potential soil disturbance and shrinkage. Uplift The drilled shafts will be subject to uplift due heave in the overlying clay soils. The magnitude of these loads varies with the shaft diameter, soil parameters, and particularly the in-situ moisture levels at the time of construction. The shafts must contain sufficient continuous vertical reinforcing and embedment depth into the shale stratum to resist the net tensile load. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 12 For the conditions encountered at this site, the uplift load can be approximated by assuming a uniform uplift of 1,500 psf over the shaft perimeter for a depth of 10 feet. If the subgrade is moisture conditioned as discussed in section Floor Slabs,a uniform uplift of 500 psf can be used in the moisture conditioned zone. Drilled Shaft Construction Considerations The construction of all drilled shafts should be observed by experienced geotechnical personnel during construction to confirm: 1) the bearing stratum; 2) the minimum bearing depth; 3) that groundwater seepage, if encountered, is correctly handled; and 4) that the shafts are within acceptable vertical tolerance. Recommendations for drilled shaft construction are presented in the following table. Item Recommendation Drilled shaft installation specification Current version of American Concrete Institute’s “Standard Specification for the Construction of Drilled Piers” ACI 336. Top of shaft completion Enlarged (mushroom-shaped) top in contact with the clays should not be allowed. Time to complete Drilled shaft construction should be completed within 8 hours in a continuous manner to reduce side wall and base deterioration. Installation methods Shaft excavations should be installed using dry methods. The concrete should be placed in a manner to avoid striking the reinforcing steel during placement. Care should be taken to not disturb the sides and bottom of the excavation during construction. The bottom of the shaft excavation should be free of loose material before concrete placement. Concrete should be placed as soon as possible after the foundation excavation is completed, to reduce potential disturbance of the bearing surface. Groundwater control Seepage was not observed in the borings. However, groundwater could be encountered during wet periods of the year. If ground water is encountered, rapid placement of steel and concrete may permit shaft installation to proceed; however, seepage rates could be sufficient to require the use of temporary casing. Temporary casing should be seated in the shale with all water and most of the loose material removed prior to beginning the design penetration. While withdrawing casing, care should be exercised to maintain concrete inside the casing at a sufficient level to resist earth and hydrostatic pressures acting on the casing exterior. Arching of the concrete, loss of seal and other problems can occur during casing removal and result in contamination of the drilled shaft. These conditions should be considered during the design and construction phases. Placement of loose soil backfill should not be permitted around the casing prior to removal. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 13 Item Recommendation Special Conditions The shale is relatively soft and the limestone layers are hard and can be difficult to penetrate. A contractor experience with drilling in variable rock conditions should be retained for this project. The drilled shaft installation process should be performed under the direction of the Geotechnical Engineer. The Geotechnical Engineer should document the shaft installation process including soil/rock and groundwater conditions encountered, consistency with expected conditions, and details of the installed shaft. Grade Beams/Pier Caps In conjunction with drilled shafts, all grade beams or wall panels should be supported by the drilled shafts. A minimum void space of 10 inches is recommended between the bottom of grade beams, pier cap extensions or wall panels and the subgrade. The void can be decreased to 4 inches in areas where moisture conditioning has been performed. This void will serve to minimize distress resulting from swell pressures generated by the clay soils. Structural cardboard forms are one acceptable means of providing this void beneath cast-in-place elements. Soil retainers should be used to prevent infilling of the void. The grade beams should be formed rather than cast against earth trenches. Backfill against the exterior face of grade beams, wall panels and pier caps should be using on site clay soils placed and compacted as described in section Compaction Requirements. FLOOR SYSTEM IN CONJUNCTION WITH DEEP FOUNDATIONS Lightly loaded floor slabs and flatwork placed on-grade will be subject to movement due to moisture induced volume changes in the active soils that can occur following construction. The soils expand (heave) with increases in moisture and contract (shrink) with decreases in moisture. The movement typically occurs as post construction heave. The potential magnitude of the moisture induced movement is rather indeterminate. It is influenced by the soil properties, overburden pressures, and soil moisture levels at the time of construction. Based on the soil types encountered in the borings, movements of slabs placed on grade are estimated to be on the order of 4 to 5 for dry soil moisture conditions that can exist prior to construction. Differential movements could be greater than 5 inches if one edge of the slab is lifted due to soil swell and an opposite edge is subject to shrinkage due to moisture loss. A structural slab is recommended if floor movements are to be limited to less than one inch. The building floor slab can be supported on a modified subgrade that has been prepared to reduce soil movements to about one inch. Note that movements of ½ inch can result in uneven floors, Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 14 sticking doors, and cracking of floor slabs and wall partitions. If the risk of these movements is unacceptable, the floor slab should be structurally supported above the active clays. Structural Floor System The building floor system should be structurally supported above the subgrade if movements are to be limited to less than one inch. A minimum void space of 10 inches is recommended beneath the slab and the lowest hanging fixture/utility. The minimum void space can be provided by the use of cardboard carton forms, or a deeper crawl space. The bottom of the void should preferably be higher than adjacent exterior grades. A ventilated and drained crawl space is preferred under the building for several reasons, including the following: ■Ground movements will affect the project utilities, which can cause breaks in the lines and distress to interior fixtures. ■A crawl space permits utilities to be hung from the superstructure, which greatly reduces the possibility of distress due to ground movements. It also can provide ready access in the event repairs are necessary. ■Ground movements are uneven. A crawl space can be positively drained preventing the ponding of water and reducing the possibility of distress due to unexpected ground movements. Floor Slabs/Flatwork on Modified Subgrade Slab on grade construction should only be considered if slab movements on the order of one inch are considered acceptable. Reductions in anticipated movements can be achieved by using methods developed in this area to reduce on-grade slab movements. A suitable method for this site consists of moisture conditioning the on-site clays and capping them with select fill or flexible base material. Moisture conditioning can be accomplished using excavation and replacement as described below. If movements on the order of 1 inch are acceptable, the floor slabs can be placed on grade provided the building pad and sensitive flatwork areas (i.e. adjacent sidewalks and pavement) are moisture conditioned to a depth of 11 feet below finish pad elevation (i.e. 10 feet of moisture conditioned soil) and capped with a 1-foot layer of select fill or flexible base. The moisture conditioned soils should extend at least 5 feet beyond the building perimeter and include entrances, abutting sidewalks and other flatwork areas sensitive to movement. The excavated soils, except for deleterious materials or rock greater than 4 inches, can then be placed in accordance with section Compaction Requirements for moisture conditioned soils. The select fill or flexible base material must be placed above the moisture conditioned soils in a reasonable period of time (i.e. within 48 hours) following completion of the moisture conditioning process to prevent the loss of soil moisture. The select fill or flexible base material should not Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 15 extend beyond the building perimeter. We recommend a minimum 10-mil polyethylene sheeting be placed above the moisture conditioned soils that extend beyond the building perimeter. The polyethylene sheeting should be covered with 8 to 12 inches of properly compacted, on-site clay soils. If the surface of the moisture conditioned soils is allowed to desiccate prior to placement of the cap or polyethylene sheeting, the desiccated soils should be reworked and placed in a moisture conditioned state. It should be noted that excessive water from any source could result in movements greater than 1 inch. For example, should leaks develop in underground water or sewer lines or the grades around the structure allow ponding of water, unacceptable slab movements could develop. The area around the structure must be well drained, landscape beds must not be over watered or allow ponding of water, and utility leaks are promptly repaired. Trees should be planted at least one-mature tree height from the building. Root barriers should be installed if trees are planted closer. Grade-Supported Floor Slab Design Parameters Item Description Floor Slab Support 1 Prepared with 10 feet of moisture conditioned soils and a 1-foot cap of select fill or flexible base as discussed above in section Floor Slabs/Flatwork on Modified Subgrade. Estimated Modulus of Subgrade Reaction 2 100 pounds per square inch per inch (psi/in) for point loads 1.Floor slabs should be structurally independent of building footings or walls to reduce the possibility of floor slab cracking caused by differential movements between the slab and foundation. 2.Modulus of subgrade reaction is an estimated value based upon our experience with the subgrade condition, the requirements noted in Earthwork, and the floor slab support as noted in this table. It is provided for point loads. For large area loads the modulus of subgrade reaction would be lower. The use of a vapor retarder should be considered beneath concrete slabs on grade covered with wood, tile, carpet, or other moisture sensitive or impervious coverings, or when the slab will support equipment sensitive to moisture. When conditions warrant the use of a vapor retarder, the slab designer should refer to ACI 302 and/or ACI 360 for procedures and cautions regarding the use and placement of a vapor retarder. Saw-cut control joints should be placed in the slab to help control the location and extent of cracking. For additional recommendations refer to the ACI Design Manual. Joints or cracks should be sealed with a water-proof, non-extruding compressible compound specifically recommended for heavy duty concrete pavement and wet environments. Where floor slabs are tied to perimeter walls or turn-down slabs to meet structural or other construction objectives, our experience indicates differential movement between the walls and Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 16 slabs will likely be observed in adjacent slab expansion joints or floor slab cracks beyond the length of the structural dowels. The Structural Engineer should account for potential differential settlement through use of sufficient control joints, appropriate reinforcing or other means. Floor Slab Construction Considerations Finished subgrade, within and for at least 10 feet beyond the floor slab, should be protected from traffic, rutting, or other disturbance and maintained in a relatively moist condition until floor slabs are constructed. If the subgrade should become damaged or desiccated prior to construction of floor slabs, the affected material should be removed and structural fill should be added to replace the resulting excavation. Final conditioning of the finished subgrade should be performed immediately prior to placement of the floor slab support course. The Geotechnical Engineer should approve the condition of the floor slab subgrades immediately prior to placement of the floor slab support course, reinforcing steel, and concrete. Attention should be paid to high traffic areas that were rutted and disturbed earlier, and to areas where backfilled trenches are located. SLAB-ON-GRADE FOUNDATION Slab-on-Grade Design Recommendations A conventionally reinforced or post-tensioned slab-on-grade foundation system may be considered to support the proposed structure. Monolithic slab foundations are typically designed with interior and exterior grade beams to resist soil movement. The slab, superstructure, architectural finishes, and entrances must be designed to accommodate potential differential movements from active soils. If differential movement cannot be tolerated, the building should be supported on a drilled shaft foundation system as described Deep Foundations. The design parameters provided below are based on the building pad being prepared as described in Floor Slabs/Flatwork on Modified Subgrade. Recommendations provided below are based on “Design of Slab-on-grade Foundations” (August 1981) and “Design of Slab-on-grade Foundations – An Update” (March 1996) prepared for Wire Reinforcement Institute (WRI). The design parameters were developed based on WRI procedure and recommended ground modification. WRI Slab-On-Grade Foundation Design Parameters Design Parameter Recommendations Subgrade Treatment 1’ select fill/flexible base over 10’ moisture conditioned soils with 10-mil polyethylene sheeting placed over moisture conditioned soils that extend beyond the building perimeter Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 17 WRI Slab-On-Grade Foundation Design Parameters Design Parameter Recommendations Estimated PVR 1 inch Design Plasticity Index (PI)43 Climatic rating (Cw)18 Cantilever distance (lC)8.2 feet Allowable net bearing capacity 1,000 psf Minimum bearing depth (inches)24 Consideration can also be given to supporting the structure on a post-tensioned slab-on-grade foundation. The slab, superstructure, architectural finishes, and entrances must be designed to accommodate potential differential movements from active soils. Design parameters are presented in the table below for differential swell (ym) using the Post-Tensioning Institute's (PTI) slab-on-grade design method (Third Edition, 2004). The table below provides design parameters for PTI slab-on-grade designed to be supported on moisture conditioned and select fill soils as described in Floor Slabs/Flatwork on Modified Subgrade. PTI Slab-On-Grade Foundation Design Parameters Subgrade Treatment Estimated PVR inch Center Lift Edge Lift em feet ym inch em feet ym inch 1’ select fill/flexible base over 10’ moisture conditioned soils with 10-mil polyethylene sheeting placed over moisture conditioned soils that extend beyond the building perimeter 1 7.2 1.0 4.1 1.0 The grade beams of the slab-on-grade foundation system bearing in natural, undisturbed clay soils or properly compacted fill should exert a maximum bearing pressure of 1,000 psf. The beams should extend a minimum of 24 inches below finished exterior grade. It should be noted that excessive water from any source could result in movements greater than the slab was designed to accommodate. For example, should leaks develop in underground water or sewer lines or the grades around the structure allow ponding of water, unacceptable slab movements could develop. It should be noted that excessive water from any source could result in movements greater than the estimated amounts. For example, should leaks develop in underground water or sewer lines or the grades around the structure allow ponding of water, unacceptable slab movements could Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 18 develop. The area around the structure must be well drained, landscape beds must not be over watered or allow ponding of water, and utility leaks are promptly repaired. Trees should be planted at least one-mature tree height from the building. Root barriers should be installed if trees are planted closer. The use of a vapor retarder should be considered beneath concrete slabs on grade that will be covered with wood, tile, or carpet with a water-soluble adhesive. A vapor retarder should be used for other moisture sensitive coverings, impervious coverings, or when the slab will support equipment sensitive to moisture. When conditions warrant the use of a vapor retarder, the slab designer and slab contractor should refer to ACI 302 and/or ACI 360 for procedures and cautions regarding the use and placement of a vapor retarder. SEISMIC CONSIDERATIONS The seismic design requirements for buildings and other structures are based on Seismic Design Category. Site Classification is required to determine the Seismic Design Category for a structure. The Site Classification is based on the upper 100 feet of the site profile defined by a weighted average value of either shear wave velocity, standard penetration resistance, or undrained shear strength in accordance with Section 20.4 of ASCE 7 and the International Building Code (IBC). Based on the soil/bedrock properties encountered at the site and as described on the exploration logs and results, it is our professional opinion that the Seismic Site Classification is C. Subsurface explorations at this site were extended to a maximum depth of 25 feet. The site properties below the boring depth to 100 feet were estimated based on our experience and knowledge of geologic conditions of the general area. Additional deeper borings or geophysical testing may be performed to confirm the conditions below the current boring depth. RETAINING WALLS AND ELEVATOR PIT WALLS Retaining walls up to 5 feet in height may be constructed as part of site development. In addition, elevator pits up to 4 feet in depth may be required. Walls that are associated with a building supported on deep foundations should also be supported by drilled shafts as discussed in Deep Foundations. A void space should be provided below drilled shaft supported walls, as described in Grade Beams. Walls that can tolerate movements can be supported by spread footings, as discussed in Shallow Foundations for Retaining Walls and Elevator Pit Walls. Shallow Foundations for Retaining Walls and Elevator Pit Walls Design parameters for spread footing foundations bearing in native, undisturbed soils or properly compacted fill are presented in the following table. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 19 Description Continuous/Wall Footing Net allowable bearing pressure 1 1,000 psf – moisture conditioned soil in the building pad area 2,000 psf – undisturbed clay or properly compacted fill outside the moisture conditioned zone Minimum dimension 18 inches Minimum embedment below finished grade 24 inches Estimated movements2 1 inch – moisture conditioned soil in the building pad area 5 inches - undisturbed clay or properly compacted fill outside the moisture conditioned zone Allowable passive pressure 3 110 psf/ft triangular distribution Coefficient of sliding friction 3 0.33 1.The recommended net allowable bearing pressure is the pressure in excess of the minimum surrounding overburden pressure at the footing base elevation, and assumes any unsuitable fill or soft soils, if encountered, will be undercut and replaced with engineered fill. The net allowable bearing pressure includes a factor of safety of at least 3. 2.The foundation movement will depend upon the variations within the subsurface soil profile, the structural loading conditions, the embedment depth of the footings, the thickness of compacted fill, post-construction moisture fluctuations in the clay soils, and the quality of the earthwork operations. 3.The sides of the excavation for the spread footing foundation must be nearly vertical and the concrete should be placed neat against these vertical faces for the passive earth pressure values to be valid. If the loaded side is sloped or benched, and then backfilled, the allowable passive pressure will be significantly reduced. Passive resistance in the upper 2 feet of the soil profile should be neglected. The allowable passive pressure includes a factor of safety of 2. Shallow Foundations – Construction Considerations Footing excavations should be protected from standing water or desiccation. The base of all foundation excavations should be free of water and loose soil and rock prior to placing concrete. Excavation of individual footings or sections of continuous footings, placement of steel and concrete, and backfilling should be completed in a reasonably continuous manner. It is preferable that complete installation of individual footings or sections of continuous footings be accomplished in 48 hours. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 20 If the supporting soils in the bottom of the footing become disturbed or unsuitable bearing soils are encountered in footing excavations, the excavations should be extended deeper to suitable soils and the footings could bear directly on these soils at the lower level or on lean concrete backfill placed in the excavations. The footings could also bear on properly compacted backfill extending down to the suitable soils. Over excavation for compacted backfill placement below footings should extend laterally beyond all edges of the footings at least 8 inches per foot of over excavation depth below footing base elevation. The over excavation should then be backfilled up to the footing base elevation with properly compacted fill as described in Compaction Requirements. Backfilling adjacent and over footings should proceed as soon as practical to reduce disturbance. Backfilling should be accomplished using soils similar to those excavated. All backfill should be uniformly compacted to the criteria presented in Compaction Requirements. All footing installations should be inspected by qualified geotechnical personnel to help verify the design depth and perform related duties. Lateral Earth Pressures The lateral earth pressure recommendations herein are applicable to the design of cast-in-place retaining walls subject to slight rotation, such as cantilever, or gravity type concrete walls. These recommendations are not applicable to the design of modular block - geogrid reinforced backfill walls. Recommendations covering these types of wall systems are beyond the scope of services for this assignment. However, we would be pleased to develop recommendations for the design of such wall systems upon request. Walls with unbalanced backfill levels on opposite sides should be designed for earth pressures at least equal to those indicated in the following table. Earth pressures will be influenced by structural design of the walls, conditions of wall restraint, methods of construction and/or compaction and the strength of the materials being restrained. Two wall restraint conditions are shown. Active earth pressure is commonly used for design of free-standing cantilever retaining walls and assumes wall movement. The "at-rest" condition assumes no wall movement and is commonly used for basement walls, loading dock walls, or other walls restrained at the top. The recommended design lateral earth pressures do not include a factor of safety and do not provide for possible hydrostatic pressure on the walls. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 21 Lateral Earth Pressure Design Parameters Earth Pressure Condition 1 Coefficient for Backfill Type2 Equivalent Fluid Density (pcf) Surcharge Pressure 3, 4, 5 p1 (psf) Effective Fluid Pressures p2 (psf)2, 4, 5 Unsaturated 6 Active (Ka) Granular - 0.31 Select Fill - 0.42 Flexible Base - 0.33 On-Site Soil - 0.61 40 55 47 80 (0.31)S (0.42)S (0.33)S (0.61)S (40)H (55)H (47)H (80)H At-Rest (Ko) Granular - 0.47 Select Fill - 0.59 Flexible Base - 0.5 On-Site Soil - 0.76 55 80 70 100 (0.47)S (0.59)S (0.50)S (0.76)S (55)H (80)H (70)H (100)H Passive (Kp) Granular - 3.25 Select Fill - 2.37 Flexible Base - 3.0 On-Site Soil - 1.64 390 310 420 215 --- --- --- --- (390)H (310)H (420)H (215)H 1.For active earth pressure, wall must rotate about base, with top lateral movements 0.002 H to 0.004 H, where H is wall height. For passive earth pressure, wall must move horizontally to mobilize resistance. 2.Uniform, horizontal backfill, compacted to at least 95 percent of the ASTM D 698 maximum dry density, rendering a maximum unit weight of 120 pcf for granular backfill, 140 pcf for flexible base, and 130 pcf for select fill and on-site soils. 3.Uniform surcharge, where S is surcharge pressure. 4.Loading from heavy compaction equipment is not included. 5.No safety factor is included in these values. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 22 Lateral Earth Pressure Design Parameters Earth Pressure Condition 1 Coefficient for Backfill Type2 Equivalent Fluid Density (pcf) Surcharge Pressure 3, 4, 5 p1 (psf) Effective Fluid Pressures p2 (psf)2, 4, 5 Unsaturated 6 6.In order to achieve “Unsaturated” conditions, follow guidelines in Subsurface Drainage for Below Grade Walls below. “Submerged” conditions are recommended when drainage behind walls is not incorporated into the design. Backfill placed against structures should consist of granular soils or approved on-site or imported fill soils. Wall backfill materials should be placed and compacted as described in Compaction Requirements. Granular backfill should not be water jetted to achieve compaction and should be placed at a moisture content to allow the desired density to be achieved. For the granular values to be valid, the granular backfill must extend out and up from the base of the wall at an angle of at least 45 and 60 degrees from vertical for the active and passive cases, respectively. The top of the backfill should be protected by flatwork/paving or a minimum thickness of 2 feet of clay fill (PI>20) to reduce surface water infiltration. To calculate the resistance to sliding, values of 0.33 should be used as the ultimate coefficient of friction between the footing and the underlying soil. The ultimate coefficient of friction value does not contain a factor of safety. Subsurface Drainage for Below-Grade Walls A perforated rigid plastic drain line installed behind the base of walls and extends below adjacent grade is recommended to prevent hydrostatic loading on the walls. The invert of a drain line around a below-grade building area or exterior retaining wall should be placed near foundation bearing level. The drain line should be sloped to provide positive gravity drainage to daylight or to a sump pit and pump. The drain line should be surrounded by clean, free-draining granular material meeting the requirements for granular wall backfill as discussed in Suitable Fill Material Types. The free-draining aggregate should be encapsulated in a filter fabric. The granular fill should extend to within 2 feet of final grade, where it should be capped with compacted cohesive fill to reduce infiltration of surface water into the drain system. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 23 As an alternative to free-draining granular fill, a pre-fabricated drainage structure may be used. A pre-fabricated drainage structure is a plastic drainage core or mesh which is covered with filter fabric to prevent soil intrusion and is fastened to the wall prior to placing backfill. PAVEMENTS Pavement Subgrades Subgrade materials at this site will most likely consist of clay soils. The clay soils are subject to loss in support value with the moisture increases which occur beneath pavement sections. They react with hydrated lime to improve and maintain their support value. Lime treatment is recommended beneath flexible (asphalt) pavement sections. On-site, rigid (concrete) pavements may be placed on an unmodified, properly compacted subgrade. The pavement subgrades should be proof rolled as discussed in Site Preparation. For budgeting purposes, a minimum of 8 percent hydrated lime (TxDOT Item 260), by dry weight, is estimated. The lime application rate should be determined by laboratory testing once the pavement subgrade is rough graded. The lime should be thoroughly mixed and blended with the top 6 inches of the subgrade for on-site pavement. Lime treatment should extend a minimum of one foot beyond the edge of the pavement. The soils in this region may contain high level of sulfates. Sulfates can react with lime to form ettringite crystals that can lead to heave of pavements and premature pavement failure. If lime treatment of the pavement subgrade is performed, the surface soils should be tested for sulfates after final grading is complete. When the sulfate concentrations are less than 3,000 ppm, the subgrade soils are considered to be suitable for lime treatment in the conventional manner using a single lime application. When sulfate concentrations are higher than about 3,000 ppm, there is risk of lime/sulfate induced heave occurring. If lime treatment is planned, sulfate testing should be performed on rough graded subgrade soils. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 24 The modified or natural subgrade should be uniformly compacted to the criteria described in Compaction Requirements.It should then be protected and maintained in a moist condition until the pavement is placed. Pavement subgrades should be graded to prevent ponding and infiltration of excessive moisture on or adjacent to the pavement subgrade surface. Site grading is generally accomplished early in the construction phase. However, as construction proceeds, the subgrade may be disturbed due to utility excavations, construction traffic, desiccation, or rainfall. As a result, the pavement subgrade may not be suitable for pavement construction and corrective action will be required. The subgrade should be carefully evaluated at the time of pavement construction for signs of disturbance or excessive rutting. If disturbance has occurred, pavement subgrade areas should be reworked, moisture conditioned, and properly compacted to the recommendations in this report immediately prior to paving. Support characteristics of subgrade for pavement design do not account for shrink/swell movements of an expansive clay subgrade, such as soils encountered on this project. Thus, the pavement may be adequate from a structural standpoint, yet still experience cracking and deformation due to shrink/swell related movement of the subgrade. Pavement Design Parameters Design of Asphaltic Concrete (HMAC) pavements are based on the procedures outlined in the 1993 Guideline for Design of Pavement Structures by the American Association of State Highway and Transportation Officials (AASHTO-1993). Design of Portland Cement Concrete (PCC) pavements are based upon American Concrete Institute (ACI) 330R-01; Guide for Design and Construction of Concrete Parking Lots. Detailed traffic loads and frequencies were not available, however we anticipate that traffic will consist primarily of passenger vehicles in the parking areas and passenger vehicles combined with emergency vehicles, occasional garbage trucks, service trucks, and delivery trucks in driveways. If heavier traffic loading is expected or other traffic information is available, Terracon should be provided with the information and allowed to review the pavement sections provided herein. Tabulated below are the assumed traffic frequencies and loads used to design pavement sections for this project. Pavement Area Traffic Design Index Description Parking Areas (Passenger Vehicles Only)DI-1 Light traffic – (ESALs 1<5) Passenger cars and pickup trucks, no regular use by heavily loaded two axle trucks or lightly loaded larger vehicles. Driveways and Delivery Areas DI-2 2 Light to medium traffic – (5≤ESALs≤20) Passenger cars and pickup trucks with no more than 50 heavily loaded two-axle trucks or lightly Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 25 Pavement Area Traffic Design Index Description loaded three axle trucks per day. No regular use by heavily loaded trucks with three or more axles. Dumpster Enclosures DI-3 Medium traffic – (20<ESALs≤75) No more than 300 heavily loaded two axle trucks or lightly loaded three axle trucks and no more than 30 heavily loaded three axle trucks per day. 1.Daily 18-kip equivalent single axle load applications. 2.For Fire Lanes to withstand the occasional HS-20 loading of 32,000 pounds per axle and 80,000-pound gross truck weight, use DI-2 pavements or thicker. Pavement Section Thickness Both asphalt and concrete pavement sections are presented in the following tables for on-site pavements. They are not considered equal. Over the life of the pavement, concrete sections would be expected to require less maintenance. Asphaltic Concrete Design Layer Thickness (inches) DI-1 DI-2 Asphaltic Concrete TxDOT Item 340 Type D 2.0 2.0 Asphaltic Concrete TxDOT Item 340 Type A or B 3.0 4.0 Lime Treated Subgrade (TxDOT Item 260)6.0 6.0 Total 11.0 12.0 Portland Cement Concrete Design Layer Thickness (inches) DI-1 DI-2 1 DI-3 1 Reinforced Concrete (PCC)5.0 6.0 7.0 Compacted Subgrade 6.0 6.0 6.0 Total 11.0 12.0 13.0 Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 26 Rigid PCC pavements will perform better than HMAC pavements in areas where short-radii turning and braking are expected (i.e. entrance/exit aprons) due to better resistance to rutting and shoving. In addition, PCC pavements will perform better in areas subject to large or sustained loads, such dumpster enclosures, and loading/unloading areas. The concrete should have a minimum 28-day compressive strength of 3,500 psi. As a minimum, the section should be reinforced with No. 3 bars on 18-inch centers in both directions. Refer to ACI 330 “Guide for Design and Construction of Concrete Parking Lots” for more information concerning joint spacing, joint depth, joint location, etc. Flat grades should be avoided with positive drainage provided away from the pavement edges. Backfilling of curbs should be accomplished as soon as practical to prevent ponding of water. Openings in pavement, such as landscape islands, are sources for water infiltration into surrounding pavements. Water collects in the islands and migrates into the surrounding subgrade soils thereby degrading support of the pavement. This is especially applicable for islands with raised concrete curbs, irrigated foliage, and low permeability near-surface soils. The civil design for the pavements with these conditions should include features to restrict or to collect and discharge excess water from the islands. Examples of features are edge drains connected to the storm water collection system or other suitable outlet and impermeable barriers preventing lateral migration of water such as a cutoff wall installed to a depth below the pavement structure. Pavement Maintenance The pavement sections represent minimum recommended thicknesses and, as such, periodic maintenance should be anticipated. Therefore, preventive maintenance should be planned and provided for through an on-going pavement management program. Maintenance activities are intended to slow the rate of pavement deterioration and to preserve the pavement investment. Maintenance consists of both localized maintenance (e.g., crack and joint sealing and patching) and global maintenance (e.g., surface sealing). Preventive maintenance is usually the priority when implementing a pavement maintenance program. Additional engineering observation is recommended to determine the type and extent of a cost-effective program. Even with periodic maintenance, some movements and related cracking may still occur and repairs may be required. Pavement performance is affected by its surroundings. In addition to providing preventive maintenance, the civil engineer should consider the following recommendations in the design and layout of pavements: ■Final grade adjacent to paved areas should slope down from the edges at a minimum 2%. ■Subgrade and pavement surfaces should have a minimum 2% slope to promote proper surface drainage. ■Install below pavement drainage systems surrounding areas anticipated for frequent wetting. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable 27 ■Install joint sealant and seal cracks immediately. ■Seal all landscaped areas in or adjacent to pavements to reduce moisture migration to subgrade soils. ■Place compacted, low permeability backfill against the exterior side of curb and gutter. ■Place curb, gutter and/or sidewalk directly on clay subgrade soils rather than on unbound granular base course materials. GENERAL COMMENTS Our analysis and opinions are based upon our understanding of the project, the geotechnical conditions in the area, and the data obtained from our site exploration. Natural variations will occur between exploration point locations or due to the modifying effects of construction or weather. The nature and extent of such variations may not become evident until during or after construction. Terracon should be retained as the Geotechnical Engineer, where noted in this report, to provide observation and testing services during pertinent construction phases. If variations appear, we can provide further evaluation and supplemental recommendations. If variations are noted in the absence of our observation and testing services on-site, we should be immediately notified so that we can provide evaluation and supplemental recommendations. Our Scope of Services does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. Our services and any correspondence or collaboration through this system are intended for the sole benefit and exclusive use of our client for specific application to the project discussed and are accomplished in accordance with generally accepted geotechnical engineering practices with no third-party beneficiaries intended. Any third-party access to services or correspondence is solely for information purposes to support the services provided by Terracon to our client. Reliance upon the services and any work product is limited to our client, and is not intended for third parties. Any use or reliance of the provided information by third parties is done solely at their own risk. No warranties, either express or implied, are intended or made. Site characteristics as provided are for design purposes and not to estimate excavation cost. Any use of our report in that regard is done at the sole risk of the excavating cost estimator as there may be variations on the site that are not apparent in the data that could significantly impact excavation cost. Any parties charged with estimating excavation costs should seek their own site characterization for specific purposes to obtain the specific level of detail necessary for costing. Site safety, and cost estimating including, excavation support, and dewatering requirements/design are the responsibility of others. If changes in the nature, design, or location of the project are planned, our conclusions and recommendations shall not be considered valid unless we review the changes and either verify or modify our conclusions in writing. Responsive ■Resourceful ■Reliable FIGURES Contents: GeoModel Note: All attachments are one page unless noted above. 630 635 640 645 650 655 660 665 670 ELEVATION (MSL) (feet)Rosedale Senior Living Fort Worth, Texas Terracon Project No. 95195208 Layering shown on this figure has been developed by the geotechnical engineer for purposes of modeling the subsurface conditions as required for the subsequent geotechnical engineering for this project. Numbers adjacent to soil column indicate depth below ground surface. NOTES: B-1 B-2 B-3 B-4 GEOMODEL This is not a cross section. This is intended to display the Geotechnical Model only. See individual logs for more detailed conditions. LEGEND Fat Clay Shale Sandy Lean Clay Model Layer General DescriptionLayer Name Reddish brown, tan and gray, with sand and limestone seams1 Tan and gray, with limestone seams and layers2 Clay Shale 12 25 1 2 12 25 1 2 13 25 1 2 14 25 1 2 Responsive ■Resourceful ■Reliable ATTACHMENTS Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable EXPLORATION AND TESTING PROCEDURES 1 of 2 EXPLORATION AND TESTING PROCEDURES Field Exploration Number of Borings1 Boring Depth Location 4 25 feet Building area 1.Two borings were planned to a depth of 5 feet in the proposed parking lot area. These test borings were not accessible due to heavy brush/tree cover and were not drilled. Boring Layout and Elevations: Unless otherwise noted, Terracon personnel provided the boring layout. Coordinates were obtained with a handheld GPS unit (estimated horizontal accuracy of about ±10 feet) and approximate elevations for GeoModel were obtained by interpolation from NCTCOG’s topographic maps (www.dfwmaps.com). Subsurface Exploration Procedures: We advanced the borings with a truck-mounted, rotary drill rig using continuous flight augers (solid stem and/or hollow stem as necessary depending on soil conditions). Five samples are obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. In the thin-walled tube sampling procedure, a thin-walled tube is pushed hydraulically into the soil to obtain a relatively undisturbed sample. In the split-barrel sampling procedure, a split-barrel sampling spoon is driven into the ground. The load-carrying capacity of bedrock is evaluated in place by the Texas Department of Transportation (TxDOT) cone penetration test. The samples were placed in appropriate container, taken to our laboratory for testing, and classified under the direction of a geotechnical engineer. In addition, we observe and record groundwater levels during drilling and sampling. For safety purposes, all borings are backfilled with auger cuttings after their completion. Our exploration team prepares field boring logs as part of the standard drilling operations. These field logs include visual classifications of the materials encountered during drilling and our interpretation of the subsurface conditions between samples. Final boring logs are prepared from the field logs. The final boring logs represent the geotechnical engineer's interpretation of the field logs and include modifications based on observations and tests of the samples in our laboratory. Laboratory Testing The project engineer reviewed the field data and assigned laboratory tests to understand the engineering properties of the various soil and rock strata, as necessary, for this project. Procedural standards noted below are for reference to methodology in general. In some cases, variations to methods were applied because of local practice or professional judgment. Standards noted below include reference to other, related standards. Such references are not necessarily applicable to describe the specific test performed. Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable EXPLORATION AND TESTING PROCEDURES 2 of 2 ■Water (Moisture) Content of Soil ■Liquid Limit, Plastic Limit, and Plasticity Index of Soils ■Unconfined Compressive Strength of Cohesive Soils ■Absorption Swell Tests Absorption swell tests are performed on selected samples. These tests are used to quantitatively evaluate volume change potential at in-situ moisture levels. Selected samples are also tested for soluble sulfates. The results of these tests are presented in the tables below. SWELL TEST RESULTS Boring No. Depth (feet) Liquid Limit (%) Plasticity Index (%) Initial Moisture (%) Final Moisture (%) Surcharge (psf) Swell (%) B-2 2-4 56 37 12.4 19.6 250 11.3 B-3 2-4 55 36 13.2 21.7 250 12.8 B-4 8-10 75 50 20.3 25.7 1125 7.8 Geotechnical Engineering Report Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Responsive ■Resourceful ■Reliable PHOTOGRAPHY LOG 1 of 1 PHOTOGRAPHY LOG B-3 North B-3 South B-3 East B-3 West Responsive ■Resourceful ■Reliable SITE LOCATION AND EXPLORATION PLANS Contents: Site Location Plan Exploration Plan Note: All attachments are one page unless noted above. SITE LOCATION Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. The line at the bottom about the general location is a separate table line. You can edit it as desired, but try to keep to a single line of text to avoid reformatting the page. SITE LOCA TION DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS EXPLORATION PLAN Rosedale Senior Living ■ Fort Worth, Tarrant County, Texas February 28, 2020 ■ Terracon Project No. 95195208 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. The line at the bottom about the general location is a separate table line. You can edit it as desired, but try to keep to a single line of text to avoid reformatting the page. EXPLORATION P LAN DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS EXPLORATION RESULTS Contents: Boring Logs (B-1 through B-4) Note: All attachments are one page unless noted above. 0.75 (HP) 0.5 (HP) 20-8-12 N=20 12-13-27 N=40 50/5.5" 50/3.0" 50/4.0" 50/2.5" 50/2.0" 50/1.0" 27 19 13 13 56-20-36 57-20-37 FAT CLAY (CH), reddish brown FAT CLAY (CH), tan and gray, with limestone seams FAT CLAY (CH), tan and gray, shaley SHALE, tan and gray, with limestone seams and layers Boring Terminated at 25 Feet 2.0 6.0 12.0 25.0 657+/- 653+/- 647+/- 634+/- Hammer Type: AutomaticStratification lines are approximate. In-situ, the transition may be gradual.THIS BORING LOG IS NOT VALID IF SEPARATED FROM ORIGINAL REPORT. GEO SMART LOG-NO WELL 95195208 ROSEDALE SENIOR L.GPJ TERRACON_DATATEMPLATE.GDT 2/28/20WATER LEVELOBSERVATIONSDEPTH (Ft.)5 10 15 20 25 STRENGTH TEST FIELD TESTRESULTSCOMPRESSIVESTRENGTH(tsf)TEST TYPESTRAIN (%)WATERCONTENT (%)DRY UNITWEIGHT (pcf)ATTERBERG LIMITS LL-PL-PI LOCATION See Exploration Plan Latitude: 32.7299° Longitude: -97.2384°GRAPHIC LOGMODEL LAYERDEPTH ELEVATION (Ft.) Approximate Surface Elev.: 659 (Ft.) +/- Page 1 of 1 Advancement Method: Dry auger Abandonment Method: Boring backfilled with auger cuttings upon completion. Notes: Project No.: 95195208 Drill Rig: BORING LOG NO. B-1 McCormack Baron Salazar Development, IncCLIENT: Saint Louis, Missouri Driller: StrataBore Boring Completed: 02-18-2020 PROJECT: Rosedale Senior Living Elevation was estimated from NCTCOG topographical maps. See Exploration and Testing Procedures for a description of field and laboratory procedures used and additional data (If any). See Supporting Information for explanation of symbols and abbreviations. SWC of E Rosedale Street and Stalcup Road Fort Worth, Texas SITE: Boring Started: 02-18-2020 2501 E Loop 820 N Fort Worth, TX Groundwater was not encountered while drilling Boring was dy upon completion of drilling WATER LEVEL OBSERVATIONS 1 2 SAMPLE TYPE 2.25 (HP) 4.5+ (HP) 15-14-15 N=29 15-20-23 N=43 50/5.0" 50/2.5" 50/3.0" 50/2.25" 50/1.25" 50/1.0" 23 12 15 15 56-19-37 61-21-40 FAT CLAY (CH), reddish brown FAT CLAY (CH), tan and gray, shaley, with limestone seams SHALE, tan and gray, with limestone seams and layers Boring Terminated at 25 Feet 2.0 12.0 25.0 657+/- 647+/- 634+/- Hammer Type: AutomaticStratification lines are approximate. In-situ, the transition may be gradual.THIS BORING LOG IS NOT VALID IF SEPARATED FROM ORIGINAL REPORT. GEO SMART LOG-NO WELL 95195208 ROSEDALE SENIOR L.GPJ TERRACON_DATATEMPLATE.GDT 2/28/20WATER LEVELOBSERVATIONSDEPTH (Ft.)5 10 15 20 25 STRENGTH TEST BORING LOG NO. B-2 McCormack Baron Salazar Development, IncCLIENT: Saint Louis, Missouri Driller: StrataBore Boring Completed: 02-18-2020 PROJECT: Rosedale Senior Living Elevation was estimated from NCTCOG topographical maps. See Exploration and Testing Procedures for a description of field and laboratory procedures used and additional data (If any). See Supporting Information for explanation of symbols and abbreviations. SWC of E Rosedale Street and Stalcup Road Fort Worth, Texas SITE: Boring Started: 02-18-2020 2501 E Loop 820 N Fort Worth, TX Groundwater was not encountered while drilling Boring was dy upon completion of drilling WATER LEVEL OBSERVATIONS FIELD TESTRESULTSCOMPRESSIVESTRENGTH(tsf)TEST TYPESTRAIN (%)WATERCONTENT (%)DRY UNITWEIGHT (pcf)ATTERBERG LIMITS LL-PL-PI LOCATION See Exploration Plan Latitude: 32.7301° Longitude: -97.238°GRAPHIC LOGMODEL LAYERDEPTH ELEVATION (Ft.) Approximate Surface Elev.: 659 (Ft.) +/- Page 1 of 1 Advancement Method: Dry auger Abandonment Method: Boring backfilled with auger cuttings upon completion. Notes: Project No.: 95195208 Drill Rig: 1 2 SAMPLE TYPE 4.0 (HP) 4.5+ (HP) 14-16-18 N=34 6-12-37 N=49 50/2.25" 50/2.0" 50/4.25" 50/3.5" 50/3.75" 50/3.5" 18 13 13 18 55-19-36 66-23-43 FAT CLAY (CH), tan and gray FAT CLAY (CH), tan and gray, shaley, with limestone seams SHALE, tan and gray, with limestone seams and layers Boring Terminated at 25 Feet 2.0 13.0 25.0 654+/- 643+/- 631+/- Hammer Type: AutomaticStratification lines are approximate. In-situ, the transition may be gradual.THIS BORING LOG IS NOT VALID IF SEPARATED FROM ORIGINAL REPORT. GEO SMART LOG-NO WELL 95195208 ROSEDALE SENIOR L.GPJ TERRACON_DATATEMPLATE.GDT 2/28/20WATER LEVELOBSERVATIONSDEPTH (Ft.)5 10 15 20 25 STRENGTH TEST FIELD TESTRESULTSCOMPRESSIVESTRENGTH(tsf)TEST TYPESTRAIN (%)WATERCONTENT (%)DRY UNITWEIGHT (pcf)ATTERBERG LIMITS LL-PL-PI LOCATION See Exploration Plan Latitude: 32.7301° Longitude: -97.2376°GRAPHIC LOGMODEL LAYERDEPTH ELEVATION (Ft.) Approximate Surface Elev.: 656 (Ft.) +/- Page 1 of 1 Advancement Method: Dry auger Abandonment Method: Boring backfilled with auger cuttings upon completion. Notes: Project No.: 95195208 Drill Rig: BORING LOG NO. B-3 McCormack Baron Salazar Development, IncCLIENT: Saint Louis, Missouri Driller: StrataBore Boring Completed: 02-18-2020 PROJECT: Rosedale Senior Living Elevation was estimated from NCTCOG topographical maps. See Exploration and Testing Procedures for a description of field and laboratory procedures used and additional data (If any). See Supporting Information for explanation of symbols and abbreviations. SWC of E Rosedale Street and Stalcup Road Fort Worth, Texas SITE: Boring Started: 02-18-2020 2501 E Loop 820 N Fort Worth, TX Groundwater was not encountered while drilling Boring was dy upon completion of drilling WATER LEVEL OBSERVATIONS 1 2 SAMPLE TYPE 0.75 (HP) 0.5 (HP) 0.75 (HP) 1.75 (HP) 4.5+ (HP) 50/1.25" 50/3.25" 50/5.25" 50/3.5" 50/1.25" 50/1.0" 0.79UC 8.6 19 21 20 21 20 108 31-13-18 75-25-50 SANDY LEAN CLAY (CL), reddish brown FAT CLAY (CH), tan and gray, shaley SHALE, tan and gray, with limestone seams and layers Boring Terminated at 25 Feet 6.0 14.0 25.0 660+/- 652+/- 641+/- Hammer Type: AutomaticStratification lines are approximate. In-situ, the transition may be gradual.THIS BORING LOG IS NOT VALID IF SEPARATED FROM ORIGINAL REPORT. GEO SMART LOG-NO WELL 95195208 ROSEDALE SENIOR L.GPJ TERRACON_DATATEMPLATE.GDT 2/28/20WATER LEVELOBSERVATIONSDEPTH (Ft.)5 10 15 20 25 STRENGTH TEST FIELD TESTRESULTSCOMPRESSIVESTRENGTH(tsf)TEST TYPESTRAIN (%)WATERCONTENT (%)DRY UNITWEIGHT (pcf)ATTERBERG LIMITS LL-PL-PI LOCATION See Exploration Plan Latitude: 32.7296° Longitude: -97.2376°GRAPHIC LOGMODEL LAYERDEPTH ELEVATION (Ft.) Approximate Surface Elev.: 666 (Ft.) +/- Page 1 of 1 Advancement Method: Dry auger Abandonment Method: Boring backfilled with auger cuttings upon completion. Notes: Project No.: 95195208 Drill Rig: BORING LOG NO. B-4 McCormack Baron Salazar Development, IncCLIENT: Saint Louis, Missouri Driller: StrataBore Boring Completed: 02-18-2020 PROJECT: Rosedale Senior Living Elevation was estimated from NCTCOG topographical maps. See Exploration and Testing Procedures for a description of field and laboratory procedures used and additional data (If any). See Supporting Information for explanation of symbols and abbreviations. SWC of E Rosedale Street and Stalcup Road Fort Worth, Texas SITE: Boring Started: 02-18-2020 2501 E Loop 820 N Fort Worth, TX Groundwater was not encountered while drilling Boring was dy upon completion of drilling WATER LEVEL OBSERVATIONS 1 2 SAMPLE TYPE SUPPORTING INFORMATION Contents: Unified Soil Classification System General Notes to Log Terms Note: All attachments are one page unless noted above. UNIFIED SOIL CLASSIFICATION SYSTEM UNIFIED SOI L CLASSI FICATI ON SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests A Soil Classification Group Symbol Group Name B Coarse-Grained Soils: More than 50% retained on No. 200 sieve Gravels: More than 50% of coarse fraction retained on No. 4 sieve Clean Gravels: Less than 5% fines C Cu ³ 4 and 1 £ Cc £ 3 E GW Well-graded gravel F Cu < 4 and/or [Cc<1 or Cc>3.0]E GP Poorly graded gravel F Gravels with Fines: More than 12% fines C Fines classify as ML or MH GM Silty gravel F, G, H Fines classify as CL or CH GC Clayey gravel F, G, H Sands: 50% or more of coarse fraction passes No. 4 sieve Clean Sands: Less than 5% fines D Cu ³ 6 and 1 £ Cc £ 3 E SW Well-graded sand I Cu < 6 and/or [Cc<1 or Cc>3.0]E SP Poorly graded sand I Sands with Fines: More than 12% fines D Fines classify as ML or MH SM Silty sand G, H, I Fines classify as CL or CH SC Clayey sand G, H, I Fine-Grained Soils: 50% or more passes the No. 200 sieve Silts and Clays: Liquid limit less than 50 Inorganic:PI > 7 and plots on or above “A” line J CL Lean clay K, L, M PI < 4 or plots below “A” line J ML Silt K, L, M Organic:Liquid limit - oven dried < 0.75 OL Organic clay K, L, M, N Liquid limit - not dried Organic silt K, L, M, O Silts and Clays: Liquid limit 50 or more Inorganic:PI plots on or above “A” line CH Fat clay K, L, M PI plots below “A” line MH Elastic Silt K, L, M Organic:Liquid limit - oven dried < 0.75 OH Organic clay K, L, M, P Liquid limit - not dried Organic silt K, L, M, Q Highly organic soils:Primarily organic matter, dark in color, and organic odor PT Peat A Based on the material passing the 3-inch (75-mm) sieve. B If field sample contained cobbles or boulders, or both, add “with cobbles or boulders, or both” to group name. C Gravels with 5 to 12% fines require dual symbols: GW-GM well-graded gravel with silt, GW-GC well-graded gravel with clay, GP-GM poorly graded gravel with silt, GP-GC poorly graded gravel with clay. D Sands with 5 to 12% fines require dual symbols: SW-SM well-graded sand with silt, SW-SC well-graded sand with clay, SP-SM poorly graded sand with silt, SP-SC poorly graded sand with clay. E Cu = D60/D10 Cc = 6010 2 30 DxD )(D F If soil contains ³ 15% sand, add “with sand” to group name. G If fines classify as CL-ML, use dual symbol GC-GM, or SC-SM. H If fines are organic, add “with organic fines” to group name. I If soil contains ³ 15% gravel, add “with gravel” to group name. J If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay. K If soil contains 15 to 29% plus No. 200, add “with sand” or “with gravel,” whichever is predominant. L If soil contains ³ 30% plus No. 200 predominantly sand, add “sandy” to group name. MIf soil contains ³ 30% plus No. 200, predominantly gravel, add “gravelly” to group name. N PI ³ 4 and plots on or above “A” line. O PI < 4 or plots below “A” line. P PI plots on or above “A” line. Q PI plots below “A” line. GENERAL NOTES TO LOG TERMS GENERAL NOTES TO LOG TERMS SAMPLING WATER LEVEL FIELD TESTS Water levels indicated on the soil boring logs are the levels measured in the borehole at the times indicated. Groundwater level variations will occur over time. In low permeability soils, accurate determination for groundwater levels is not possible with short term water level observations. N Standard Penetration Test Resistance (Blows/Ft) (HP)Hand Penetrometer (T)Torvane (DCP)Dynamic Cone Penetrometer UC Unconfined Compressive Strength (PID)Photo-Ionization Detector (OVA)Organic Vapor Analyzer DESCRIPTIVE SOIL CLASSIFICATION Soil classification is based on the Unified Soil Classification System. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel, or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic, and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse- grained soils are defined on the basis of their in-place relative density and fine-grained soils on the basis of their consistency. LOCATION AND ELEVATION NOTES Unless otherwise noted, Latitude and Longitude are approximately determined using a hand-held GPS device. The accuracy of such devices is variable. Surface elevation data annotated with +/- indicates that no actual topographical survey was conducted to confirm the surface elevation. Instead, the surface elevation was approximately determined from topographic maps of the area. STRENGTH TERMS RELATIVE DENSITY OF COARSE-GRAINED SOILS (More than 50% retained on No. 200 sieve.) Density determined by Standard Penetration Resistance CONSISTENCY OF FINE-GRAINED SOILS (50% or more passing the No. 200 sieve.) Consistency determined by laboratory shear strength testing, field visual-manual procedures or standard penetration resistance Descriptive Term (Density) Standard Penetration or N-value Blows/Ft. Descriptive Term (Consistency) Unconfined Compressive Strength Qu, (tsf) Standard Penetration or N-value Blows/Ft. Very Loose 0 - 3 Very Soft Less than 0.25 0 – 1 Loose 4 - 9 Soft 0.25 to 0.5 2 – 4 Medium Dense 10 – 29 Medium Stiff 0.5 to 1.00 4 – 8 Dense 30 – 50 Stiff 1.00 to 2.00 8 – 15 Very Dense >50 Very Stiff 2.00 to 4.00 15 – 30 Hard >4.00 >30 RELATIVE PROPORTIONS OF SAND AND GRAVEL RELATIVE PROPORTIONS OF FINES Descriptive Term(s) of other constituents Percent of Dry Weight Descriptive Term(s) of other constituents Percent of Dry Weight Trace <15 Trace <5 With 15 – 29 With 5 – 12 Modifier >30 Modifier >12 GRAIN SIZE TERMINOLOGY PLASTICITY DESCRIPTION Major Component of Sample Particle Size Term Plasticity Index Boulders Over 12 in. (300 mm)Non-plastic 0 Cobbles 12 in. to 3 in. (300 mm to 75 mm)Low 1 – 10 Gravel 3 in. to #4 sieve (75mm to 4.75mm)Medium 11 – 30 Sand #4 to #200 sieve (4.75mm to 0.075mm)High >30 Silt or Clay Passing #200 sieve (0.075mm) CITY OF FORT WORTH Oak Grove Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102802 Revised July 1, 2011 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Oak Grove Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102802 Revised July 1, 2011 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Oak Grove Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102802 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: April 09, 2021 Updated: 11/08/2021 The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water Department’s Standard Products List. Approval Spec No. Classsification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non-traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non-traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASHTO M306 30" dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 30" Dia 06/01/17 34 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. 09/16/19 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing 30" Dia. 10/07/21 34 05 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Predl Systems 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious * E1-14 Manhole Rehab Systems Quadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSP E1-14 Manhole Rehab Systems AP/M Permaform 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 E1-14 Manhole Rehab System (Liner) Poly-triplex Technologies MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 * E1-14 Manhole Rehab Systems Sun Coast 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Epoxy Sewer Applications 03/19/18 33 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams RR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 * From Original Standard Products List 1 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thru 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Epoxy 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications Sewer - Coatings/Polyurethane Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pipes/Concrete * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- Pipe ASTM C 76 * E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 Glass-Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V 06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 Sewer - Pipes/HDPE 33-31-23(1/8/13) * High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" * High-density polyethylene pipe Plexco Inc. ASTM D 1248 8" * High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8" High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12" * From Original Standard Products List 2 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Sewer - Pipes/PVC* 33-31-20 (7/1/13) * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) SDR-26 ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 ASTM D 3034 4" thru 15" * 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15" 01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thru 15" 11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27" * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) SDR 26/35 PS 115/46 ASTM F 679 18" - 28" 09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDR-35 ASTM F-679 18" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation SDR 26/35 PS 115/46 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" *33-31-20 PVC Sewer Fittings Plastic Trends, In.c Gasketed PVC Sewer Main Fittings ASTM D 3034 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24" 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" 3/29/2019 33 31 20 Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO SDR 26 ASTM D3034 4" - 15" 10/22/2020 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO SDR 26/35 PS 115/46 ASTM F-679 18"- 36" Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13) * Cured in Place Pipe Insituform Texark, Inc ASTM F 1216 05/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-5813 05/29/96 Cured in Place Pipe Reynolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216 Sewer - Pipes/Rehab/Fold & Form * Fold and Form Pipe Cullum Pipe Systems, Inc. 11/03/98 Fold and Form Pipe Insituform Technologies, Inc. Insituform "NuPIpe" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc.Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter Sewer - Pipes/Open Profile Large Diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48" 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra-Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" E100-2 PVC Sewer Pipe, Ribbed Uponor ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60" 05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products Durmaxx ASTM F 2562 24" to 72" Water - Appurtenances 33-12-10 (07/01/13) 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1" 10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-6-NL, FB1600-6-NL, FV23-666-W- NL, L22-66NL AWWA C800 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-4-NL, FB1600-4-NL, B11-444-WR- NL, B22444-WR-NL, L28-44NL AWWA C800 1" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-24277N-3, B-20200N-3, H- 15000N, , H-1552N, H142276N AWWA C800, ANSF 61, ANSI/NSF 372 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3, B-24277N-3,H- 15000N, H-14276N, H-15525N AWWA C800, ANSF 61, ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3,H-15000N, H- 15530N AWWA C800, ANSF 61, ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13) * From Original Standard Products List 3 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Water - Combination Air Release 33-31-70 (01/08/13) * E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts 1" & 2" * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawings No. 6461 A-423 Centurion AWWA C-502 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawing FH-12 A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant Waterous Company Shop Drawing No. SK740803 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 AWWA C900, AWWA C605, ASTM D1784 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 4"-28" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR18 AWWA C900 16" - 24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4"- 12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110 * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AWWA C 153, C 110, C 111 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AWWA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AWWA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle-Lock AWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AWWA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AWWA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AWWA C111/C153 12" to 24" 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AWWA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) Mechanical Joint Fittings AWWA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AWWA C111 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AWWA C111 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AWWA C111 3"-48" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe ASTM A536 AWWA C111 4"-12" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC Pipe ASTM A536 AWWA C111 16"-24" * From Original Standard Products List 4 Approval Spec No. Classsification Manufacturer Model No. National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes. Updated: 11/08/2021 Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16" 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3) 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts 4" - 12" * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes 08/24/18 Matco Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14) * E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24" * E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48" 03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" Water - Polyethylene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AWWA C105 8 mil LLD Water - Sampling Station 3/12/96 Water Sampling Station Water Plus B20 Water Sampling Station Water - Automatic Flusher 10/21/20 Automated Flushing System Mueller Hydroguard HG6-A-IN-2-BRN-LPRR(Portable) HG2-A-IN--2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) * From Original Standard Products List 5